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103 F. App'x 776

In Re: Byrd v.

U.S. Courts of Appeals

Decided August 4, 2004

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U.S. Courts of Appeals · decided 2004-08-04

Applies 28 U.S.C. § 2241 (Antiterrorism and Effective Death Penalty Act of 1996) · 28 U.S.C. § 2254 (Antiterrorism and Effective Death Penalty Act of 1996)

Decided 2004-08-04

PER CURIAM:

¶1 Henry Clifford Byrd, Sr., filed a petition for an original writ of habeas corpus challenging the district court’s summary dismissal of his latest 28 U.S.C. § 2254 (2000) petition. This court ordinarily declines to entertain original habeas corpus petitions under 28 U.S.C. § 2241 (2000), and this case provides no reason to depart from the general rule. Moreover, because the interests of justice would not be served by transferring this case to the district court, we dismiss the petition. Cf Fed. R.App. P. 22(a). We deny Byrd’s motion for leave to proceed in forma pauperis. We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before the court and argument would not aid the decisional process.

¶2 PETITION DISMISSED

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