Brian Burmaster v. J.C. Holland
UNPUBLISHED PER CURIAM OPINION filed. Motion disposition in opinion--granting Motion to proceed in forma pauperis (FRAP 24) [1000045382-2]. Originating case number: 5:16-hc-02102-D. Copies to all parties and the district court. . Mailed to: Brian Burmanster. [17-6115]
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UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
BRIAN M. BURMASTER,
Petitioner - Appellant,
J. C. HOLLAND,
Respondent - Appellee.
Appeal from the United States District Court for the Eastern District of North Carolina, at
Raleigh. James C. Dever, III, Chief District Judge. (5:16-hc-02102-D)
Submitted: June 20, 2017
Before SHEDD, WYNN, and DIAZ, Circuit Judges.
Affirmed by unpublished per curiam opinion.
Brian M. Burmaster, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.
Decided: June 22, 2017
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Brian M. Burmaster, a federal inmate committed for psychological evaluation
pursuant to 18 U.S.C. § 4241 (2012), appeals the district court’s order dismissing without
prejudice his 28 U.S.C. § 2241 (2012) petition for failure to exhaust alternative remedies.
We have reviewed the record and find no reversible error. Burmaster has not exhausted
available remedies through the commitment proceedings that are being held before the
United States District Court for the Eastern District of Louisiana; to the contrary,
Burmaster’s § 2241 petition indicates that challenges to his commitment are ongoing
before that court and the United States Court of Appeals for the Fifth Circuit.
Accordingly, although we grant Burmaster’s motion to proceed in forma pauperis, we
affirm for the reasons stated by the district court.
Burmaster v. Holland, No.
5:16-hc-02102-D (E.D.N.C. Jan. 17, 2017). 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.
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