In Re: Brian Schumaker, No. 15-2286 (4th Cir. 2016)

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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 15-2286 In re: BRIAN WILLIAM SCHUMAKER, Petitioner. On Petition for Writ of Habeas Corpus. Submitted: February 23, 2016 Decided: February 25, 2016 Before MOTZ and GREGORY, Circuit Judges, 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 Petition dismissed by unpublished per curiam opinion.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 Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Brian William Schumaker filed a petition for an original writ of habeas corpus challenging various aspects of his convictions and sentence. This court ordinarily declines to entertain corpus original habeas petitions under 28 U.S.C. § 2241 (2012), and this case provides no reason to depart from the general rule. U.S.C. § 2255 Our review reveals that Schumaker has a 28 (2012) motion currently pending in the United States District Court for the Northern District of Georgia. To the extent Schumaker challenges the United States District Court for the District of South Carolina’s denial of relief on his 42 U.S.C. § 1983 (2012) complaint, an original habeas petition filed in this court cannot serve as a substitute for a properly filed appeal. Accordingly, we find that the interests of justice would not be served by transferring the case to the district court. See 28 U.S.C. § 1631 (2012). Therefore, although we grant Schumaker’s motion to supplement his petition, we deny petition. legal before leave to proceed in forma pauperis and dismiss the We dispense with oral argument because the facts and contentions this court are adequately and argument presented would not in aid the the materials decisional process. PETITION DISMISSED 2

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