Filed: Feb. 25, 2016
Latest Update: Mar. 02, 2020
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 15-2286 In re: BRIAN WILLIAM SCHUMAKER, Petitioner. On Petition for Writ of Habeas Corpus. Submitted: February 23, 2016 Decided: February 25, 2016 Before MOTZ and GREGORY, Circuit Judges, and HAMILTON, Senior Circuit Judge. Petition dismissed by unpublished per curiam opinion. Brian William Schumaker, Petitioner Pro Se. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Brian William Schumaker filed a
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 15-2286 In re: BRIAN WILLIAM SCHUMAKER, Petitioner. On Petition for Writ of Habeas Corpus. Submitted: February 23, 2016 Decided: February 25, 2016 Before MOTZ and GREGORY, Circuit Judges, and HAMILTON, Senior Circuit Judge. Petition dismissed by unpublished per curiam opinion. Brian William Schumaker, Petitioner Pro Se. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Brian William Schumaker filed a ..
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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 15-2286
In re: BRIAN WILLIAM SCHUMAKER,
Petitioner.
On Petition for Writ of Habeas Corpus.
Submitted: February 23, 2016 Decided: February 25, 2016
Before MOTZ and GREGORY, Circuit Judges, and HAMILTON, Senior
Circuit Judge.
Petition dismissed by unpublished per curiam opinion.
Brian William Schumaker, Petitioner Pro Se.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Brian William Schumaker filed a petition for an original
writ of habeas corpus challenging various aspects of his
convictions and sentence. This court ordinarily declines to
entertain original habeas corpus petitions under 28 U.S.C.
§ 2241 (2012), and this case provides no reason to depart from
the general rule. Our review reveals that Schumaker has a 28
U.S.C. § 2255 (2012) motion currently pending in the United
States District Court for the Northern District of Georgia. To
the extent Schumaker challenges the United States District Court
for the District of South Carolina’s denial of relief on his 42
U.S.C. § 1983 (2012) complaint, an original habeas petition
filed in this court cannot serve as a substitute for a properly
filed appeal. Accordingly, we find that the interests of
justice would not be served by transferring the case to the
district court. See 28 U.S.C. § 1631 (2012). Therefore,
although we grant Schumaker’s motion to supplement his petition,
we deny leave to proceed in forma pauperis and dismiss the
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 DISMISSED
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