Roman v. People Of The State Of New York, No. 1:2018cv06382 - Document 5 (E.D.N.Y. 2018)

Court Description: DECISION & ORDER, This Court does not have jurisdiction to grant a writ of error coram nobis challenging a state court judgment. See Finkelstein v. Spitzer, 455 F.3d 131, 133-34 (2d Cir. 2006) (federal courts lack jurisdiction to grant a writ of erro r coram nobis with respect to a judgment of a state court); Obado v. New Jersey, 328 F.3d 716, 718 (3d Cir. 2003) (agreeing with other circuits that coram nobis relief from previous state conviction is only available in state court). Accordingly, the petition for a writ of error coram nobis is dismissed. The Clerk of Court is directed to enter judgment accordingly and close the case. The Court denies a certificate of appealability and certifies, pursuant to 28 U.S.C. § 1915(a)(3), that any appeal would not be taken in good faith. Coppedge v. United States, 369 U.S. 438, 444-45 (1962). So Ordered by Judge William F. Kuntz, II on 12/14/2018. (c/m to pro se; fwd'd for jgm) (Lee, Tiffeny)

Download PDF

Roman v. People Of The State Of New York Doc. 5 FILED no 'NCLERK'S OFFICE U.S. DISTRICT COURT E.D.N.Y. UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NEW YORK * DEC H 2018 iSr -X KRAVCHINA ROMAN, BROOKLYN OFFICE Petitioner, DECISION & ORDER 18-CV-6382 V. PEOPLE OF THE STATE OF NEW YORK, Respondent. -X WILLIAM F. KUNTZ,II, United States District Judge: On November 5,2018, Kravchina Roman submitted a pro se petition for a writ of error coram nobis seeking to challenge his 2014 Richmond County, New York conviction under Indictment No. 56/2014. He asserts that his counsel was ineffective because counsel failed to help him understand the immigration consequences of his guilty plea. Roman styles his challenge as a petition for a writ oferror coram nobis, because he is no longer in custody on his 2014 conviction; thus, he cannot proceed under a wnt of habeas corpus pursuant to 28 U.S.C. § 2254. Roman cites multiple cases in support of using the writ oferror coram nobis to challenge afederal conviction after the individual has served his sentence but still suffers from the consequences ofthe allegedly invalid conviction. See, e.g., Dean v. United States,418 F. Supp. 2d 149,152(E.D.N.Y. 2006)(Trager, J.). However, this Court does not have jurisdiction to grant a writ of error coram nobis challenging a state courtjudgment. See Finkelstein v. Spitzer,455 F.3d 131,133-34(2d Cir. 2006)(federal courts lack jurisdiction to grant a writ oferror coram nobis with respect to a judgment of a state court); Obado v. New Jersey, 328 F.3d 716,718(3d Cir. 2003)(agreeing with other circuits that coram nobis relieffrom previous state conviction is only available in state Dockets.Justia.com s/William F. Kuntz, II

Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.