In re: Brian Schumaker

Filing

UNPUBLISHED PER CURIAM OPINION filed. Motion disposition in opinion--denying Motion to proceed in forma pauperis (FRAP 24) [1000068772-2] Originating case number: Copies to all parties and the district court/agency. [1000126380]. Mailed to: Brian William Schumaker. [17-1461]

Appeal: 17-1461

Doc: 7

Filed: 07/27/2017

Pg: 1 of 2

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT

No. 17-1461

In Re: BRIAN WILLIAM SCHUMAKER,
Petitioner.

On Petition for Writ of Habeas Corpus.

Submitted: July 18, 2017

Decided: July 27, 2017

Before GREGORY, Chief Judge, MOTZ, Circuit Judge, and HAMILTON, Senior Circuit
Judge.

Petition dismissed by unpublished per curiam opinion.

Brian William Schumaker, Petitioner Pro Se.

Unpublished opinions are not binding precedent in this circuit.

Appeal: 17-1461

Doc: 7

Filed: 07/27/2017

Pg: 2 of 2

PER CURIAM:
Brian William Schumaker, a native and citizen of Canada and a federal prisoner,
filed a petition for an original writ of habeas 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 Schumaker 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 the materials before this court and argument would not aid the
decisional process.
PETITION DISMISSED

2