In re: Travis Wilkins

U.S. Court of Appeals for the Fourth Circuit

In re: Travis Wilkins

Opinion

UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 17-2390

In re: TRAVIS WILKINS,

Petitioner.

On Petition for Writ of Habeas Corpus.

Submitted: March 29, 2018 Decided: April 2, 2018

Before AGEE and DIAZ, Circuit Judges, and HAMILTON, Senior Circuit Judge.

Petition dismissed by unpublished per curiam opinion.

Travis Wilkins, Petitioner Pro Se.

Unpublished opinions are not binding precedent in this circuit. PER CURIAM:

Travis Wilkins, a North Carolina state prisoner, has filed in this court a petition for

an original writ of habeas corpus. Wilkins 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), as Wilkins has filed a similar petition in the district court. See Wilkins v.

Harrison, No. 05:18-hc-02005-FL (E.D.N.C.). Accordingly, we deny leave to proceed in

forma pauperis and dismiss Wilkins’ 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

2

Reference

Status
Unpublished