Holbrook v. Sturgill et al, No. 7:2012cv00368 - Document 2 (W.D. Va. 2012)
Court Description: MEMORANDUM OPINION. Signed by Judge Norman K. Moon on 08/10/2012. (kab)
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IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF VIRGINIA ROANOKE DIVISION AGNES HOLBROOK, Petitioner, v. JUDGE STURGILL, Respondent. ) ) ) ) ) ) ) Civil Action No. 7:12-cv-00368 MEMORANDUM OPINION By: Norman K. Moon United States District Judge Petitioner Agnes Holbrook, proceeding pro se, filed this petition for writ of error coram nobis challenging a 1989 conviction in the Wise County Juvenile and Domestic Relations Court. However, the writ of error coram nobis may not be used to set aside a state conviction. See, e.g., In re Egan, 339 F. App x 314, 315 (4th Cir. 2009); Finkelstein v. Spitzer, 455 F.3d 131, 134 (2d Cir. 2006); Obado v. New Jersey, 328 F.3d 716, 718 (3d Cir. 2003); Lowery v. McCaughtry, 954 F.2d 422, 423 (7th Cir. 1992); Sinclair v. Louisiana, 679 F.2d 513, 514 (5th Cir. 1982); Rivenburgh v. Utah, 299 F.2d 842, 843 (10th Cir. 1962). Accordingly, the court finds no ground upon which to grant Holbrook s petition and, therefore, dismisses this action. The Clerk is directed to send a certified copy of this order to petitioner. ENTER: This 10th day of August, 2012.
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