U.S. Court of Appeals for the Fourth Circuit, 2017

Brian Burmaster v. J.C. Holland

Brian Burmaster v. J.C. Holland
U.S. Court of Appeals for the Fourth Circuit · Decided June 22, 2017 · Shedd, Wynn, Diaz
691 F. App'x 795

Brian Burmaster v. J.C. Holland

Opinion

Unpublished opinions are not binding precedent in this circuit.

PER CURIAM:

Brian M. Burmaster, a federal inmate committed for psychological evaluation pursuant to 18 U.S.C. § 4241 (2012), appeals the district court’s order dismissing without prejudice his 28 U.S.C. § 2241 (2012) petition for failure to exhaust alternative remedies. We have reviewed the record and find no reversible error, Bur-master has not exhausted available remedies through the commitment proceedings that are being held before the United States District Court for the Eastern District of Louisiana; to the contrary, Bur-master’s § 2241 petition indicates that challenges to his commitment are ongoing before that court and the United States Court of Appeals for the Fifth Circuit. Accordingly, although we grant Burmas-ter’s motion to proceed in forma pauperis, we affirm for the reasons stated by the district court. Burmaster v. Holland, No. 5:16-hc-02102-D (E.D.N.C. Jan. 17, 2017). 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.

AFFIRMED

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