In re: Antonio Herrera

U.S. Court of Appeals for the Fourth Circuit

In re: Antonio Herrera

Opinion

UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 20-2108

In re: ANTONIO MARCO HERRERA,

Petitioner.

On Petition for Extraordinary Writ. (1:19-cv-01301-LO-JFA)

Submitted: December 17, 2020 Decided: December 21, 2020

Before THACKER, HARRIS, and QUATTLEBAUM, Circuit Judges.

Petition denied by unpublished per curiam opinion.

Antonio Marco Herrera, Petitioner Pro Se.

Unpublished opinions are not binding precedent in this circuit. PER CURIAM:

Antonio Marco Herrera, a Virginia inmate, petitions this court for a writ of error

coram nobis. In his petition, Herrera challenges this court’s September 29, 2020 decision

dismissing as interlocutory his appeal from the district court’s order denying his motion to

appoint counsel in his pending

28 U.S.C. § 2254

action. See Herrera v. Clarke,

823 F. App’x 210

, 211 (4th Cir. 2020) (No. 20-6481).

We conclude that Herrera fails to establish that he is entitled to a writ of error coram

nobis. See United States v. Akinsade,

686 F.3d 248, 252

(4th Cir. 2012) (identifying

requirements for issuance of writ). Accordingly, we deny his petition. We dispense with

oral argument because the facts and legal contentions are adequately presented in the

materials before this court and argument would not aid the decisional process.

PETITION DENIED

2

Reference

Status
Unpublished