In re: Lusk

Opinion

UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 10-1228

In Re: BARRY G. LUSK,

Petitioner.

On Petition for Writ of Habeas Corpus. (8:08-cr-01218-HFF-1)

Submitted: May 20, 2010 Decided: May 26, 2010

Before WILKINSON, NIEMEYER, and DAVIS, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Barry G. Lusk, Petitioner Pro Se.

Unpublished opinions are not binding precedent in this circuit. PER CURIAM:

Barry Lusk has made an original pro se motion for a

writ of habeas corpus. Although we are authorized under 28

U.S.C. § 2241 (2006) to exercise jurisdiction over original

petitions for habeas corpus relief, we are not required to do so

and we typically decline to exercise such jurisdiction and

instead transfer the matter to the appropriate district court.

See Fed. R. App. P. 22(a). We will not transfer a habeas corpus

motion unless the transfer would serve the interests of justice.

See 28 U.S.C. § 1631 (2006). We conclude that a transfer in

this matter would not be in the interests of justice.

Accordingly we deny the motion for an original writ of

habeas corpus, and dismiss the proceeding.

DISMISSED