Dalton v. State of West Virginia
Opinion
Petition dismissed by unpublished PER CURIAM opinion.
Unpublished opinions are not binding precedent in this circuit.
IStarr Dalton filed a petition for an original writ of habeas corpus challenging his 1999 conviction for robbery. This court ordinarily declines to entertain original habeas petitions, and this case provides no reason to depart from the general rule. Moreover, we find that the interests of justice would not be served by transferring the petition to the district court. * See 28 U.S.C. § 1631 (2006); Fed. R.App. P. 22(a). Accordingly, we dismiss the petition. 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.
PETITION DISMISSED.
The district court has previously denied Dalton’s habeas petition filed pursuant to 28 U.S.C. § 2254 (2006), see Dalton v. McBride, No. 1:07-cv-00074, 2007 WL 2021877 (S.D.W.Va. July 9, 2007); Dalton v. Ruben-stein, No. 1:08-cv-00901, 2009 WL 564585 (S.D.W.Va. Mar. 3, 2009). On appeal this court denied a certificate of appealability and dismissed. Dalton v. McBride, 251 Fed.Appx. 824 (4th Cir. 2007) (unpublished); Dalton v. Rubenstein, 340 Fed.Appx. 171 (4th Cir. 2009) (unpublished).
Reference
- Full Case Name
- 1Starr DALTON, Petitioner, v. State of WEST VIRGINIA, Respondent
- Status
- Unpublished