In re: Alexey David McCoy ( 2018 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 18-1046
In re: ALEXEY DAVID MCCOY,
Petitioner.
On Petition for Writ of Habeas Corpus.
Submitted: April 17, 2018 Decided: April 20, 2018
Before WILKINSON and KEENAN, Circuit Judges, and HAMILTON, Senior Circuit
Judge.
Petition dismissed by unpublished per curiam opinion.
Alexey David McCoy, Petitioner Pro Se.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Alexey David McCoy has filed an original petition for a writ of habeas corpus,
seeking release from jail and dismissal of indictments issued against him in Wake
County, North Carolina. We ordinarily decline to entertain original habeas corpus
petitions under 28 U.S.C. § 2241 (2012), and this case presents no reason to depart from
this practice. Because McCoy appears to be awaiting trial in Wake County and his main
challenges are to the state court’s jurisdiction, we conclude that the interests of justice
would not be served by transferring this case to the district court. See 28 U.S.C. §§ 1631,
2241(b) (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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