Burgess v. United States

OPINION

ROBINSON, Judge:

This matter is before the court on defendant’s motion to dismiss for lack of subject matter jurisdiction under RUSCC 12(b) and plaintiff’s motion for partial summary judgment under RUSCC 56. Defendant contends that plaintiff has failed to procure a satisfactory certificate of innocence which 28 U.S.C. § 2513 requires in order to obtain relief for unjust conviction and wrongful imprisonment under 28 U.S.C. § 1495. Plaintiff maintains that the coram nobis order which he obtained from the United States District Court for the Eastern District of Louisiana (District Court)…