1starr Dalton v. State of West Virginia

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 10-2132
1STARR DALTON,
Petitioner,
v.
STATE OF WEST VIRGINIA,
Respondent.
On Petition for Writ of Habeas Corpus.
Submitted: November 18, 2010 Decided: November 29, 2010
Before SHEDD and AGEE, Circuit Judges, and HAMILTON, Senior
Circuit Judge.
Petition dismissed by unpublished per curiam opinion.
1Starr Dalton, Petitioner Pro Se.
Unpublished opinions are not binding precedent in this circuit.

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PER CURIAM:
1Starr Dalton filed a petition for an original writ of
habeas corpus challenging his 1999 conviction for robbery. This
court ordinarily declines to entertain original habeas
petitions, and this case provides no reason to depart from the
general rule. Moreover, we find that the interests of justice
would not be served by transferring the petition to the district
court.* See 28 U.S.C. § 1631 (2006); Fed. R. App. P. 22(a).
Accordingly, we dismiss the 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 DISMISSED
* The district court has previously denied Dalton’s habeas
petition filed pursuant to 28 U.S.C. § 2254 (2006), see Dalton
v. McBride, No. 1:07-cv-00074 (S.D.W. Va. July 9, 2007); Dalton
v. Rubenstein, No. 1:08-cv-00901 (S.D.W. Va. Mar. 3, 2009). On
appeal this court denied a certificate of appealability and
dismissed. Dalton v. McBride, 251 F. App’x 824 (4th Cir. 2007)
(unpublished); Dalton v. Rubenstein, 340 F. App’x 171 (4th Cir.
2009) (unpublished).

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