POMEROY v. ALASKA (2019)

MEMORANDUM **

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 (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, 93 S.Ct. 1571, 36 L.Ed.2d 294 (1973).

Pomeroy’s motion to waive the jurisdictional requirement is denied.

AFFIRMED.