In re: Ray A. Blanchard

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 24-2059
In re: RAY A. BLANCHARD,
Petitioner.
On Petition for Writ of Habeas Corpus.
Submitted: January 23, 2025 Decided: January 27, 2025
Before WILKINSON, WYNN, and THACKER, Circuit Judges.
Petition dismissed by unpublished per curiam opinion.
Ray A. Blanchard, Petitioner Pro Se.
Unpublished opinions are not binding precedent in this circuit.

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PER CURIAM:
Ray A. Blanchard, a Maryland prisoner, has filed an original petition for a writ of
habeas corpus seeking his immediate release from state custody. We dismiss the petition
for lack of jurisdiction.
Pursuant to 28 U.S.C. § 2241(a), “[w]rits of habeas corpus may be granted by the
Supreme Court, any justice thereof, the district courts and any circuit judge within their
respective jurisdictions.” But that statute “does not similarly confer jurisdiction on ‘courts
of appeals.’” Dragenice v. Ridge, 389 F.3d 92, 100 (4th Cir. 2004). “Rather it confers
jurisdiction on ‘any circuit judge within their respective jurisdictions.’” Id. (quoting
§ 2241(a)). So “while a single circuit judge may entertain a habeas petition, courts of
appeals may not.” Id. We thus lack jurisdiction over Blanchard’s original habeas petition.*
Although we may transfer the petition to the appropriate district court, we conclude
that a transfer is not “in the interest of justice.” 28 U.S.C. § 1631; see 28 U.S.C. § 2241(b).
Blanchard previously filed a 28 U.S.C. § 2254 petition challenging the same state court
judgment in the United States District Court for the District of Maryland, and the district
court denied relief. Blanchard v. Werner, No. 1:21-cv-01494-LKG, 2023 WL 8653180, at
*9 (D. Md. Dec. 14, 2023), appeal dismissed sub nom. Blanchard v. Frosh, No. 24-6372,
* Even if this court could exercise jurisdiction over Blanchard’s habeas petition, we
would decline to do so pursuant to our usual practice. See 28 U.S.C. § 2241(b) (“The
Supreme Court, any justice thereof, and any circuit judge may decline to entertain an
application for a writ of habeas corpus and may transfer the application for hearing and
determination to the district court having jurisdiction to entertain it.”).

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2024 WL 4471726, at *1 (4th Cir. Oct. 11, 2024). So the district court would lack
jurisdiction to consider this petition. See 28 U.S.C. § 2244(b)(3).
Accordingly, we deny Blanchard’s request for the appointment of counsel and
dismiss his petition. We dispense with oral argument because the facts and legal
contentions are adequately presented in the materials before this court and argument would
not aid the decisional process.
PETITION DISMISSED

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