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William White v. Polk County Attorney's Office, 16-2176 (2016)

Court: Court of Appeals for the Eighth Circuit Number: 16-2176 Visitors: 23
Filed: Nov. 28, 2016
Latest Update: Mar. 03, 2020
Summary: United States Court of Appeals For the Eighth Circuit _ No. 16-2176 _ William Conrad White, lllllllllllllllllllll Plaintiff - Appellant, v. Polk County Attorney's Office; State of Iowa, lllllllllllllllllllll Defendants - Appellees. _ Appeal from United States District Court for the Southern District of Iowa - Des Moines _ Submitted: November 15, 2016 Filed: November 28, 2016 [Unpublished] _ Before MURPHY, COLLOTON, and GRUENDER, Circuit Judges. _ PER CURIAM. William White appeals after the dis
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              United States Court of Appeals
                        For the Eighth Circuit
                    ___________________________

                            No. 16-2176
                    ___________________________

                          William Conrad White,

                   lllllllllllllllllllll Plaintiff - Appellant,

                                       v.

              Polk County Attorney's Office; State of Iowa,

                 lllllllllllllllllllll Defendants - Appellees.
                                  ____________

                 Appeal from United States District Court
              for the Southern District of Iowa - Des Moines
                              ____________

                      Submitted: November 15, 2016
                        Filed: November 28, 2016
                              [Unpublished]
                              ____________

Before MURPHY, COLLOTON, and GRUENDER, Circuit Judges.
                         ____________

PER CURIAM.
       William White appeals after the district court1 dismissed his action seeking a
ruling that his 1985 state-court conviction was void. In the district court, he sought
a writ of coram nobis, pursuant to the All Writs Act, 28 U.S.C. ยง 1651.

       Upon careful de novo review, see Adams v. American Family Mut. Ins. Co.,
813 F.3d 1151
, 1154 (8th Cir. 2016), we conclude that the dismissal was proper.
Because White was challenging a state-court judgment, the district court lacked
jurisdiction to grant a writ of coram nobis. See Finkelstein v. Spitzer, 
455 F.3d 131
,
133-34 (8th Cir. 2006) (per curiam). In addition, White could not invoke section
1651 as an independent source of jurisdiction. See Ark. Blue Cross and Blue Shield
v. Little Rock Cardiology Clinic, P.A., 
551 F.3d 812
, 820-21 (8th Cir. 2009).
Accordingly, we affirm. See 8th Cir. R. 47B.
                        ______________________________




      1
       The Honorable Robert W. Pratt, United States District Judge for the Southern
District of Iowa.

                                         -2-

Source:  CourtListener

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