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

In Re: Brian Schumaker v.

In Re: Brian Schumaker v.
U.S. Court of Appeals for the Fourth Circuit · Decided July 27, 2017 · Gregory, Motz, Hamilton
694 F. App'x 126

In Re: Brian Schumaker v.

Opinion

Unpublished opinions are not binding precedent in this circuit.

PER CURIAM:

Brian William Schumaker, a native and citizen of Canada and a federal prisoner, filed a petition for an original writ of habe-as corpus. Schumaker seeks the immediate execution of his final order of removal so that he may be turned over to the custody of the Department of Homeland Security and removed to Canada now rather than at the conclusion of his federal sentence. 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 the general rule. 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 (2012). Accordingly, we deny Schu-maker leave to proceed in forma pauperis and dismiss the petition. We dispense with oral argument because the facts and legal contentions are adequately presented in *127 the materials before this court and argument would not aid the decisional process.

PETITION DISMISSED

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