In re: Xavier J. Sanders

Filing

UNPUBLISHED PER CURIAM OPINION filed. Motion disposition in opinion--denying Motion to proceed in forma pauperis [1000207077-2]; dismissing Motion for writ of habeas corpus filed by Petitioner Xavier J. Sanders [1000199069-2] Originating case number:. Copies to all parties and the district court/agency. [1000272699]. Mailed to: Sanders. [17-2357]

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Appeal: 17-2357 Doc: 6 Filed: 04/09/2018 Pg: 1 of 2 UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 17-2357 In re: XAVIER J. SANDERS, Petitioner. On Petition for Writ of Habeas Corpus. Submitted: March 22, 2018 Decided: April 9, 2018 Before MOTZ and KEENAN, Circuit Judges, and SHEDD, Senior Circuit Judge. Petition dismissed by unpublished per curiam opinion. Xavier J. Sanders, Petitioner Pro Se. Unpublished opinions are not binding precedent in this circuit. Appeal: 17-2357 Doc: 6 Filed: 04/09/2018 Pg: 2 of 2 PER CURIAM: Xavier J. Sanders, a North Carolina state detainee, has filed a petition for an original writ of habeas corpus. Sanders 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). Accordingly, we deny leave to proceed in forma pauperis and dismiss Sanders’ 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 * It does not appear that Sanders has exhausted any available state court remedies. 2

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