UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 07-1714
In Re: ROSARIO A. FIORANI, JR.,
Petitioner.
On Petition for Writ of Error Coram Nobis.
(1:98-cr-00340-JCC)
Submitted: August 30, 2007 Decided: September 5, 2007
Before MICHAEL, KING, and SHEDD, Circuit Judges.
Petition denied by unpublished per curiam opinion.
Rosario A. Fiorani, Jr., Petitioner Pro Se.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Rosario A. Fiorani, Jr., petitions for a writ of error
coram nobis pursuant to 28 U.S.C. § 1651 (2000). In his petition
and supplement (“Errata”), Fiorani alleges that his conviction is
unconstitutional and seeks an order from this court vacating his
conviction. The relief sought by Fiorani is not available under
§ 1651, but is properly pursued through a motion to vacate pursuant
to 28 U.S.C. § 2255 (2000). We note that Fiorani has previously
filed a § 2255 motion in the district court, and must therefore
obtain authorization under 28 U.S.C. § 2244 (2000) to file a
successive motion before a second or successive motion may be
considered by the district court. Accordingly, although we grant
Fiorani leave to proceed in forma pauperis, we deny the coram nobis
petition. We dispense with oral argument because the facts and
legal contentions are adequately presented in the materials before
the court and argument would not aid the decisional process.
PETITION DENIED
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