In re: Xavier J. Sanders ( 2018 )


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  •                                      UNPUBLISHED
    UNITED STATES COURT OF APPEALS
    FOR THE FOURTH CIRCUIT
    No. 17-2357
    In re: XAVIER J. SANDERS,
    Petitioner.
    On Petition for Writ of Habeas Corpus.
    Submitted: March 22, 2018                                           Decided: April 9, 2018
    Before MOTZ and KEENAN, Circuit Judges, and SHEDD, Senior Circuit Judge.
    Petition dismissed by unpublished per curiam opinion.
    Xavier J. Sanders, Petitioner Pro Se.
    Unpublished opinions are not binding precedent in this circuit.
    PER CURIAM:
    Xavier J. Sanders, a North Carolina state detainee, has filed a petition for an
    original writ of habeas corpus. Sanders alleges that he is being held in pretrial custody in
    violation of the United States Constitution, and seeks immediate release and dismissal of
    the charges against him. * This court ordinarily declines to entertain original habeas
    corpus petitions under 
    28 U.S.C. § 2241
     (2012), and this case provides no reason to
    depart from this practice. Moreover, we find that the interest of justice would not be
    served by transferring the case to the district court. See 
    28 U.S.C. §§ 1631
    , 2241(b)
    (2012). Accordingly, we deny leave to proceed in forma pauperis and dismiss Sanders’
    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
    *
    It does not appear that Sanders has exhausted any available state court remedies.
    2
    

Document Info

Docket Number: 17-2357

Filed Date: 4/9/2018

Precedential Status: Non-Precedential

Modified Date: 4/18/2021