Source: United States Court of Appeals for the Fourth Circuit
Date: 2006-02-03
Jurisdiction: United States
Docket: No. 05-7566
Citation: 164 F. App'x 436
Opinion
PER CURIAM: Joseph J. Schepis, Jr., petitions for leave to file a petition for writ of habeas corpus under 28 U.S.C. § 2241 (2000). We have reviewed the motion and deny it as unnecessary because authorization from this court is not required to file a 28 U.S.C. § 2241 petition. However, to the extent that Schepis seeks to file a successive 28 U.S.C. § 2255 (2000) motion, authorization must be applied for under 28 U.S.C. § 2244 (2000). Accordingly, we deny the petition as unnecessary. We deny Sehepis’s motion to proceed on appeal in forma pauperis.
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