RICHARD POMEROY V. STATE OF ALASKA, No. 18-35860 (9th Cir. 2019)
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NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS FILED NOV 22 2019 MOLLY C. DWYER, CLERK FOR THE NINTH CIRCUIT RICHARD D. POMEROY, Petitioner-Appellant, U.S. COURT OF APPEALS No. 18-35860 D.C. No. 3:18-cv-00061-TMB v. MEMORANDUM* STATE OF ALASKA, Respondent-Appellee. Appeal from the United States District Court for the District of Alaska Timothy M. Burgess, District Judge, Presiding Submitted November 18, 2019** Before: CANBY, TASHIMA, and CHRISTEN, Circuit Judges. Former Alaska state prisoner Richard D. Pomeroy appeals pro se from the district court’s judgment dismissing his petition for a writ of error coram nobis. We have jurisdiction under 28 U.S.C. § 1291. We review de novo a district court’s dismissal for lack of jurisdiction, United States v. Monreal, 301 F.3d 1127, 1130 * This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. ** The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2). (9th Cir. 2002), and we affirm. The district court properly dismissed Pomeroy’s petition challenging his Alaska state conviction for assault because coram nobis relief is not available in federal court to attack a state court conviction. See Hensley v. Municipal Court, 453 F.2d 1252, 1253 n.2 (9th Cir. 1972) (“Coram nobis lies only to challenge errors occurring in the same court.”), rev’d on other grounds, 411 U.S. 345 (1973). Pomeroy’s motion to waive the jurisdictional requirement is denied. AFFIRMED. 2 18-35860
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