Lee v. Commonwealth of Virginia, No. 3:2016cv00172 - Document 5 (E.D. Va. 2016)
Court Description: MEMORANDUM OPINION. Signed by District Judge Robert E. Payne on 5/26/2016. Memorandum Opinion was mailed to Petitioner. (sbea, )
Download PDF
<![CDATA[
Lee v. Commonwealth of Virginia Doc. 5 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA Richmond Division CLERK, U.S. DISTRICT COUR1 RICHMOND VA KELVIN JAQUAN LEE, Petitioner v. Civil No. 3:16CV172 COMMONWEALTH OF VIRGINIA, Respondent. MEMORANDUM OPINION Kelvin JaQuan submitted a 28 he is a Lee, u.s.c. § a Virginia inmate 2241 petition. proceeding pro According to Petitioner, pretrial detainee currently awaiting trial on criminal charges in the Circuit Court for Prince George County. Pet. 3.) his remedies charges nor did I or because he "do [e] s not 2241 understand the Riverside record the enter into contract with the Commonwealth of Regional Jail or Prince George under the UCC 1-208/207 code involving this case." Thus, (§ Petitioner indicates that he has not exhausted any of available Virginia se, fails to indicate that Lee County (Id. at 4.) had properly exhausted his state court remedies with respect to with respect to his claims. April 28, 2016, Accordingly, by Memorandum Order entered on the Court directed Lee to show cause within (11) days of the date of entry thereof why his § 2241 Petition should Dockets.Justia.com not be dismissed remedies. for (ECF No. 2.) Accordingly, Lee's lack of exhaustion of his state court Lee has not responded. 1 § 2254 Pe ti ti on and the action will be dismissed without prejudice because he has failed to demonstrate that he has exhausted his available state remedies. The Clerk is directed to send a copy of the Memorandum Opinion to Lee. Richmond, Virginia Dateo /U°i }b, UJlj::> /s/ Robert E. Payne Senior United States District Judge 1 Lee's mother submitted a letter and several documents and signed the document "Jenell Lee POA." (Letter 1, ECF No. 3.) Mrs. Lee cannot litigate this matter on Lee's behalf. Parties may plead and conduct their own cases personally or by counsel in all courts of the United States. See 28 U.S.C. § 1654. Individuals who are not licensed attorneys may not represent third parties because such representation constitutes the unauthorized practice of law. Rules of Supreme Court of Virginia, Pt. 6, § I; see DePonceau v. Pataki, 315 F. Supp. 2d 338, 341-42 (W.D.N. Y. 2004); Kone v. Wilson, 630 S.E.2d 744, 745-46 (Va. 2006) . Accordingly, the Court will not recognize any alleged power of attorney to Jenell Lee. Moreover, the documents submitted by Ms. Lee have no bearing on whether Lee has exhausted his state remedies, but inexplicably appear to attempt to prove that Kelvin Lee is her property and debtor. 2
]]>
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You
should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google
Privacy Policy and
Terms of Service apply.
