In re: Brian Schumaker
UNPUBLISHED PER CURIAM OPINION filed.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. . Mailed to: Brian William Schumaker. [17-1461]
Pg: 1 of 2
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
In Re: BRIAN WILLIAM SCHUMAKER,
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
Petition dismissed by unpublished per curiam opinion.
Brian William Schumaker, Petitioner Pro Se.
Unpublished opinions are not binding precedent in this circuit.
Pg: 2 of 2
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
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?