Summary
finding no ground for relief under § 2241 where petitioner could raise illegal arrest and speedy trial claims in his pending criminal case
Summary of this case from Elkins v. United StatesOpinion
No. 08-2217.
Submitted: January 13, 2009.
Decided: January 15, 2009.
On Petition for Writ of Habeas Corpus.
Gary B. Williams, Petitioner Pro Se.
Before WILLIAMS, Chief Judge, and TRAXLER and KING, Circuit Judges.
Petition dismissed by unpublished PER CURIAM opinion.
Unpublished opinions are not binding precedent in this circuit.
Gary B. Williams, a federal pretrial detainee, filed a petition for a writ of habeas corpus with this court pursuant to
28 U.S.C. § 2241 (2000). In the petition, Williams alleges that he was illegally arrested and is being unlawfully detained, he is being denied access to the courts, and his right to a speedy trial has been violated. He seeks immediate release from custody and other relief. Upon review, we conclude that Williams is not entitled to the relief sought. Moreover, Williams may assert his claims in pretrial proceedings in his pending criminal case. See United States v. Williams, No. 4:08-cr-00087-RGD-FBS-1 (E.D. Va.). Accordingly, we dismiss Williams' 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.
DISMISSED.