U.S. Court of Appeals for the Fourth Circuit, 2013

In Re: Jerome McFadden

In Re: Jerome McFadden
U.S. Court of Appeals for the Fourth Circuit · Decided June 17, 2013 · Niemeyer, King, Floyd
528 F. App'x 372

In Re: Jerome McFadden

Opinion

Petition denied by unpublished PER CURIAM opinion.

Unpublished opinions are not binding precedent in this circuit.

PER CURIAM:

Jerome McFadden has filed a petition for an original writ of habeas corpus, claiming that his due process rights were violated because his trial counsel was ineffective. This court ordinarily declines to entertain an original habeas petition filed under 28 U.S.C. § 2241 (2006), and this case provides no reason to depart from this general rule. Moreover, we find that the interests of justice would not be served by transferring the matter to the appropriate district court. See 28 U.S.C. § 1631 (2006); Fed. R.App. P. 22(a).

Accordingly, we deny McFadden’s motion to be released on his own recognizance pending consideration of his habeas corpus petition, deny leave to proceed in forma pauperis, and dismiss the § 2241 petition. We dispense with oral argument because the facts and legal contentions are adequately presented in the materials be *373 fore this court and argument would not aid the decisional process.

PETITION DENIED.

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