NOT FOR PUBLICATION

UNITED STATES DISTRICT COURT

DISTRICT OF NEW JERSEY

:

RANDY BAADHIO, : Civil Action No. 11-1235 (MLC)

:

Petitioner, :

: O P I N I O N

v. :

:

STATE OF NEW JERSEY, :

:

Respondent. :

 :

COOPER, District Judge

Petitioner, Randy Baadhio, filed a Petition for a Writ of

Error Coram Nobis challenging a 2005 criminal conviction in New

Jersey Superior Court, Mercer County. Based on his affidavit of

indigence, the Court will grant Plaintiff’s application to

proceed in forma pauperis and order the Clerk of the Court to

file the Petition. For the reasons stated below, this Court will

summarily dismiss the Petition for lack of jurisdiction and deny

a certificate of appealability.

I. BACKGROUND

Though it is not entirely clear, it appears that Petitioner

is requesting that this Court grant a writ of error coram nobis

with respect to a 2005 conviction in New Jersey state court. 

Petitioner alleges that at the time he entered into the plea

agreement for said conviction, he was suffering from AIDS-related

dementia and was addicted to and under the influence of the drug

Percocet. Petitioner alleges that during the criminal

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proceedings, he informed both the Judge and counsel of his

condition and repeatedly asked for a competency hearing. (Pet.

at 7.) However, his requests went unanswered. (Id.) It

appears, but is not clear from the Petition, that at some point

in 2005, Petitioner entered into a plea agreement resulting in

Petitioner serving eighty percent of an eight year term. 

Petitioner does not provide any further details as to the

conviction. Petitioner now asks this Court to grant a writ of

error coram nobis as to the 2005 New Jersey State Court

conviction. 

II. DISCUSSION

“In federal courts the authority to grant a writ of coram

nobis is conferred by the All Writs Act, which permits ‘courts

established by Act of Congress’ to issue ‘all writs necessary or

appropriate in aid of their respective jurisdictions.’” United

States v. Denedo, 129 S.Ct. 2213, 2221 (2009) (quoting 28 U.S.C.

§ 1651(a)). Moreover, “[b]ecause coram nobis is but an

extraordinary tool to correct a legal or factual error, an

application for the writ is properly viewed as a belated

extension of the original proceeding during which the error

allegedly transpired.” Id. This Court lacks subject matter

jurisdiction to issue a writ of coram nobis in this case,

however, because “coram nobis is not available in a federal court

as a means of attack on a state criminal judgment.” Obado v. New

2

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Jersey, 328 F.3d 716, 718 (3d Cir. 2003); accord Finkelstein v.

Spitzer, 455 F.3d 131, 134 (2d Cir. 2006); Lowery v. McCaughtry,

954 F.2d 422, 423 (7th Cir. 1992). This Court will not construe

the Petition as one for a writ of habeas corpus as Petitioner

specifically states that he does not intend for it to be so

construed. (Docket Entry No. 2-1.) Further, even if this Court

were to construe the Petition as one for a writ of habeas corpus,

this Court lacks jurisdiction because it appears that Petitioner

was not “in custody” under the challenged state conviction at the

time he filed the Petition. See Obado, 328 F.3d at 717-18.

III. CONCLUSION

Based on the foregoing, this Court will dismiss the Petition

for lack of jurisdiction and deny a certificate of appealability. 

This Court will issue an appropriate order and judgment.

 s/ Mary L. Cooper 

MARY L. COOPER

United States District Judge

Dated: September 9, 2011

3

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