In Re: Peter Roukis v. , 670 F. App'x 840 ( 2016 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 16-1372
In Re: PETER ROUKIS,
Petitioner.
On Petition for Writ of Habeas Corpus.
Submitted: November 17, 2016 Decided: November 23, 2016
Before GREGORY, Chief Judge, and TRAXLER and HARRIS, Circuit
Judges.
Petition dismissed without prejudice by unpublished per curiam
opinion.
Peter Roukis, Petitioner Pro Se.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Peter Roukis filed a petition for an original writ of habeas
corpus seeking reassignment to a military correctional facility
and challenging his confinement, which he alleges violates Article
12 of the Uniform Code of Military Justice, 10 U.S.C. § 812 (2012).
This court ordinarily declines to entertain original habeas corpus
petitions under 28 U.S.C. § 2241 (2012), see Fed. R. App. P. 22(a),
and this case provides no reason to depart from the general rule.
Moreover, we conclude that the interest of justice would not be
served by transferring the case to the district court. See 28
U.S.C. § 1631 (2012). Accordingly, we deny Roukis leave to proceed
in forma pauperis and dismiss the petition without prejudice to
Roukis’ right to file a petition in the appropriate district court
after exhaustion of his administrative remedies on his Article 12
claim. 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
WITHOUT PREJUDICE
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