John Demos v. Eric Holder ( 2013 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 13-6516
JOHN ROBERT DEMOS,
Petitioner – Appellant,
v.
ATTORNEY GENERAL ERIC H. HOLDER; U.S. SECRETARY OF THE
INTERIOR; U.S. SECRETARY OF DEFENSE,
Respondents - Appellees.
Appeal from the United States District Court for the District of
Maryland, at Baltimore. Catherine C. Blake, District Judge.
(1:12-cv-03715-CCB)
Submitted: October 8, 2013 Decided: October 21, 2013
Before NIEMEYER, KING, and AGEE, Circuit Judges.
Dismissed by unpublished per curiam opinion.
John Robert Demos, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
John Demos, a Washington state prisoner, filed a 28
U.S.C. § 2241 (2006) petition, seeking relief from his 1978
state convictions. The district court dismissed the action
pursuant to 28 U.S.C. § 1915(g) (2006) because Demos, a “three
striker” under the Prison Litigation Reform Act (PLRA), failed
to demonstrate that he was under imminent danger of serious
physical injury. Demos appeals.
While dismissal under § 1915(g) was improper, see
Smith v. Angelone, 112 F.3d 1126, 1130 (4th Cir. 1997) (“the in
forma pauperis filing fee provisions of the PLRA do not apply to
habeas corpus actions”), we find it unnecessary to remand to the
district court for further proceedings. It is indisputable that
venue in the District of Maryland was improper; rather, venue
lay in a federal district court in the State of Washington. See
28 U.S.C. § 2241(d) (2006). Further, transfer to the proper
district court would not be in the interest of justice.
Accordingly, we deny leave to proceed in forma pauperis, deny a
certificate of appealability, and dismiss the appeal.
We dispense with oral argument because the facts and
legal contentions are adequately presented in the materials
before the court and argument would not aid the decisional
process.
DISMISSED
2