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Victor v. People

United States District Court, E.D. Michigan, Southern Division

May 13, 2015

KIM L. VICTOR, Petitioner,
v.
PEOPLE OF THE STATE OF MICHIGAN, Respondent.

ORDER

JOHN CORBETT O'MEARA, District Judge.

Before the court are Petitioner's objections to the court's order dismissing her complaint. The court will construe Petitioner's objections as a motion for reconsideration or relief from judgment. See L.R. 7.1; Fed.R.Civ.P. 60(b). Regardless of the standard of review, Petitioner's objections are without merit. Petitioner seeks a writ of coram nobis, which would serve to vacate her 2008 state court conviction. The court found that it lacked jurisdiction to issue a writ of coram nobis to set aside a state court judgment, as opposed to one of its own judgments. See Finkelstein v. Spitzer, 455 F.3d 131, 134 (2d Cir. 2006), cert. denied, 549 U.S. 1169 (2007) ("[O]ur Sister Circuits that have addressed this question have ruled that the district courts lack jurisdiction to issue writs of coram nobis to set aside judgments of state courts"). As the court explained in Finkelstein, historically, "the writ of coram nobis was used by a court to correct its own errors." Id. at 133. Petitioner has not cited authority to the contrary. See Lowery v. McCaughtry, 954 F.2d 422, 423 (7th Cir. 1992) ("Lowery's counsel conceded that she had not found even one decision in the history of the United States using coram nobis to set aside a judgment rendered by another court.").

Accordingly, IT IS HEREBY ORDERED that Petitioner's objections to the court's January 14, 2015 order are DENIED.


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