UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 00-7153
In Re: MICHAEL L. CURRY,
Petitioner.
On Petition for a Writ of Habeas Corpus.
Submitted: October 17, 2000 Decided: November 13, 2000
Before NIEMEYER, MICHAEL, and TRAXLER, Circuit Judges.
Petition dismissed by unpublished per curiam opinion.
Michael L. Curry, Petitioner Pro Se.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
Michael Curry, a military prisoner confined at Fort Leaven-
worth, Kansas, asks this court to grant his petition for an orig-
inal writ of habeas corpus in connection with his convictions for
conspiracy, pre-meditated murder, kidnaping, and robbery. Section
2241 petitions must be filed with the court having jurisdiction
over the prisoner or his custodian. See United States v. Miller,
871 F.2d 488, 490 (4th Cir. 1989); United States v. Brown, 753 F.2d
455, 456 (5th Cir. 1985).
Accordingly, we dismiss for lack of jurisdiction Curry’s peti-
tion for an original writ of habeas corpus, without prejudice to
Curry’s right to file the action with the proper court. Curry’s
motion to proceed in forma pauperis is granted. We dispense with
oral argument because the facts and legal contentions are adequate-
ly presented in the materials before the court and argument would
not aid the decisional process.
PETITION DISMISSED
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