In re: James Dow Vandivere , 702 F. App'x 183 ( 2017 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 17-1985
In re: JAMES DOW VANDIVERE,
Petitioner.
On Petition for Writ of Habeas Corpus
Submitted: November 16, 2017 Decided: November 20, 2017
Before GREGORY, Chief Judge, and TRAXLER and KEENAN, Circuit Judges.
Petition dismissed by unpublished per curiam opinion.
James Dow Vandivere, Petitioner Pro Se.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
James Dow Vandivere has filed an original petition for a writ of habeas corpus
under 28 U.S.C. § 2241 (2012), challenging the legality of his commitment to the custody
of the Attorney General under 18 U.S.C. § 4248 (2012) and seeking release. This court
ordinarily declines to entertain original habeas corpus petitions under 28 U.S.C. § 2241,
and this case provides no reason to depart from the general rule. Currently pending in
this court is Vandivere’s appeal of the district court’s order committing him to the
custody of the Attorney General under 18 U.S.C. § 4248. 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 this case to the
district court. See 28 U.S.C. § 1631 (2012); Fed. R. App. P. 22(a). Accordingly, 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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