In re: Jesse Upchurch , 707 F. App'x 176 ( 2017 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 17-2320
In re: JESSE UPCHURCH,
Petitioner.
On Petition for Writ of Habeas Corpus.
Submitted: December 21, 2017 Decided: December 27, 2017
Before WILKINSON and DUNCAN, Circuit Judges, and HAMILTON, Senior Circuit
Judge.
Petition transferred by unpublished per curiam opinion.
Jesse Upchurch, Petitioner Pro Se.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM
Jesse Upchurch has filed a petition for an original writ of habeas corpus
challenging his North Carolina convictions for driving while intoxicated and assault on a
law enforcement officer and seeking immediate release. We ordinarily decline to
entertain original habeas petitions under 28 U.S.C. § 2241 (2012), and this case provides
no reason to depart from the general rule. Accordingly, in the interests of justice we
transfer the case to the United States District Court for the Eastern District of North
Carolina. See 28 U.S.C. § 2241(b); Fed. R. App. P. 22(a). We deny Upchurch’s motion
for bail without prejudice and defer the disposition of Upchurch’s motion to proceed in
forma pauperis to the district court. 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 TRANSFERRED
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