In re: Clester Earlis Carter

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 06-7952
In Re: CLESTER EARLIS CARTER,
Petitioner.
On Petition for a Writ of Habeas Corpus.
(3:92-cr-00044)
Submitted: February 22, 2007 Decided: March 5, 2007
Before WILLIAMS, MOTZ, and SHEDD, Circuit Judges.
Petition denied by unpublished per curiam opinion.
Clester Earlis Carter, Petitioner Pro Se.
Unpublished opinions are not binding precedent in this circuit.

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PER CURIAM:
Clester Earlis Carter has filed with this Court a
document entitled “Motion for Personal Restraint Petition for
Review of the Order of the United States District Court for the
District of South Carolina Pursuant to Federal Rules of Appellate
Procedure 15." We construe this as a petition for an original writ
of habeas corpus challenging Carter’s 1993 convictions and sentence
on drug charges, which he has previously challenged on direct
appeal and in a 28 U.S.C. § 2255 (2000) motion to vacate. 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. Because the interests of
justice would not be served by transferring a case that should be
dismissed to the district court, we dismiss the petition. Cf. Fed.
R. App. P. 22(a). Accordingly, we deny Carter’s petition. 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.
PETITION DENIED

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