In re: Ray Blanchard

• Court: Court of Appeals for the Fourth Circuit
• Decided: January 27, 2025
• Docket: 24-2059
• Status: Unpublished

Opinion

USCA4 Appeal: 24-2059 Doc: 9 Filed: 01/27/2025 Pg: 1 of 3

UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 24-2059

In re: RAY A. BLANCHARD,

Petitioner.

On Petition for Writ of Habeas Corpus.

Submitted: January 23, 2025 Decided: January 27, 2025

Before WILKINSON, WYNN, and THACKER, Circuit Judges.

Petition dismissed by unpublished per curiam opinion.

Ray A. Blanchard, Petitioner Pro Se.

Unpublished opinions are not binding precedent in this circuit. USCA4 Appeal: 24-2059 Doc: 9 Filed: 01/27/2025 Pg: 2 of 3

PER CURIAM:

Ray A. Blanchard, a Maryland prisoner, has filed an original petition for a writ of

habeas corpus seeking his immediate release from state custody. We dismiss the petition

for lack of jurisdiction.

Pursuant to 28 U.S.C. § 2241(a), “[w]rits of habeas corpus may be granted by the

Supreme Court, any justice thereof, the district courts and any circuit judge within their

respective jurisdictions.” But that statute “does not similarly confer jurisdiction on ‘courts

of appeals.’” Dragenice v. Ridge, 389 F.3d 92, 100 (4th Cir. 2004). “Rather it confers

jurisdiction on ‘any circuit judge within their respective jurisdictions.’” Id. (quoting

§ 2241(a)). So “while a single circuit judge may entertain a habeas petition, courts of

appeals may not.” Id. We thus lack jurisdiction over Blanchard’s original habeas petition. *

Although we may transfer the petition to the appropriate district court, we conclude

that a transfer is not “in the interest of justice.” 28 U.S.C. § 1631; see 28 U.S.C. § 2241(b).

Blanchard previously filed a 28 U.S.C. § 2254 petition challenging the same state court

judgment in the United States District Court for the District of Maryland, and the district

court denied relief. Blanchard v. Werner, No. 1:21-cv-01494-LKG, 2023 WL 8653180, at

*9 (D. Md. Dec. 14, 2023), appeal dismissed sub nom. Blanchard v. Frosh, No. 24-6372,

* Even if this court could exercise jurisdiction over Blanchard’s habeas petition, we would decline to do so pursuant to our usual practice. See 28 U.S.C. § 2241(b) (“The Supreme Court, any justice thereof, and any circuit judge may decline to entertain an application for a writ of habeas corpus and may transfer the application for hearing and determination to the district court having jurisdiction to entertain it.”).

2 USCA4 Appeal: 24-2059 Doc: 9 Filed: 01/27/2025 Pg: 3 of 3

2024 WL 4471726, at *1 (4th Cir. Oct. 11, 2024). So the district court would lack

jurisdiction to consider this petition. See 28 U.S.C. § 2244(b)(3).

Accordingly, we deny Blanchard’s request for the appointment of counsel and

dismiss his petition. 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