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In re Williams

Citation: 310 F. App'x 600Docket: No. 08-2105

Court: Court of Appeals for the Fourth Circuit; February 10, 2009; Federal Appellate Court

Narrative Opinion Summary

The petition filed by Stanley Lorenzo Williams for a writ of habeas corpus, challenging his 2007 resentencing in North Carolina, has been dismissed by an unpublished PER CURIAM opinion. The court typically does not entertain original habeas corpus petitions under 28 U.S.C. § 2241, and this case does not warrant an exception. The court determined that transferring the case to the district court would not serve the interests of justice. Consequently, Williams' motion to proceed in forma pauperis is denied, and the petition is dismissed in accordance with 28 U.S.C. § 1631. Additionally, Williams' motions to show cause and to expedite are also denied. Oral argument has been dispensed with as the existing materials sufficiently present the facts and legal issues involved.

Legal Issues Addressed

Denial of In Forma Pauperis Motion

Application: Williams' request to proceed without paying court fees was denied as part of the court's dismissal of his petition.

Reasoning: Consequently, Williams' motion to proceed in forma pauperis is denied, and the petition is dismissed in accordance with 28 U.S.C. § 1631.

Denial of Procedural Motions

Application: The court denied Williams' additional motions to show cause and to expedite, indicating no procedural adjustments were necessary.

Reasoning: Additionally, Williams' motions to show cause and to expedite are also denied.

Dispensing with Oral Argument

Application: Oral arguments were deemed unnecessary by the court as the submitted materials were adequate to present the facts and legal issues.

Reasoning: Oral argument has been dispensed with as the existing materials sufficiently present the facts and legal issues involved.

Original Habeas Corpus Petitions under 28 U.S.C. § 2241

Application: The court declined to entertain Williams' habeas corpus petition, adhering to its typical practice of not considering original petitions under 28 U.S.C. § 2241.

Reasoning: The court typically does not entertain original habeas corpus petitions under 28 U.S.C. § 2241, and this case does not warrant an exception.

Transfer of Cases under 28 U.S.C. § 1631

Application: The court decided against transferring Williams' case to the district court, determining that such a transfer would not serve the interests of justice.

Reasoning: The court determined that transferring the case to the district court would not serve the interests of justice.