In re: Joseph Smith

• Court: Court of Appeals for the Fourth Circuit
• Decided: December 1, 2025
• Docket: 25-1857
• Status: Unpublished

Opinion

USCA4 Appeal: 25-1857 Doc: 10 Filed: 12/01/2025 Pg: 1 of 2

UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 25-1857

In re: JOSEPH THOMAS SMITH, a/k/a Joseph Smith,

Petitioner.

On Petition for Writ of Habeas Corpus.

Submitted: November 25, 2025 Decided: December 1, 2025

Before WYNN and RICHARDSON, Circuit Judges, and KEENAN, Senior Circuit Judge.

Petition dismissed by unpublished per curiam opinion.

Joseph Thomas Smith, Petitioner Pro Se.

Unpublished opinions are not binding precedent in this circuit. USCA4 Appeal: 25-1857 Doc: 10 Filed: 12/01/2025 Pg: 2 of 2

PER CURIAM:

Joseph Thomas Smith petitions this court for a writ of habeas corpus, asking that

the court vacate his 2010 conviction for carjacking resulting in death. We deny Smith’s

motions to seal, * and we dismiss the petition for lack of jurisdiction.

It is “uniformly” settled that a Court of Appeals has no jurisdiction to entertain a

petition for an original writ of habeas corpus. Dragenice v. Ridge, 389 F.3d 92, 100 (4th

Cir. 2004); see 28 U.S.C. § 2241(a). Although the All Writs Act permits courts to “issue

all writs necessary or appropriate in aid of their respective jurisdictions,” 28 U.S.C.

§ 1651(a), it does not provide an independent basis for jurisdiction here. See United States

v. Brooks, 230 F.3d 643, 646 n.3 (3d Cir. 2000).

We therefore dismiss the petition for lack of jurisdiction and decline to transfer it to

the district court. See 28 U.S.C. §§ 1631, 2241(b). 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

* The petition does not contain any sensitive or confidential information.