Litteral v. Chesapeake City Jail, No. 3:2019cv00683 - Document 3 (E.D. Va. 2019)
Court Description: MEMORANDUM OPINION. See Opinion for details. Signed by Senior United States District Judge Robert E. Payne on 10/31/2019. (sbea, )
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Litteral v. Chesapeake City Jail Doc. 3 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA Richmond Division RONNIE DALE LITTERAL, Petitioner, v. Civil Action No. 3:19CV683 UNKNOWN, Respondent. MEMORANDUM OPINION Petitioner, Ronnie Dale Litteral, proceeding prose and submitted a letter. a Virginia inmate Given the content of the document, it was appropriate to give Litteral the opportunity to pursue this action as a petition for a writ of habeas corpus under 28 U.S.C. § 2254. See Rivenbark v. Virginia, 305 F. App'x 144, 145 (4th Cir. 2008). Accordingly, by Memorandum Order entered on September 24, 2019, the Court sent Litteral the form for filing a 28 U.S.C. § 2254 petition. The Court informed Litteral that it he wished to proceed pursuant to 28 U.S.C. § 2254, he must complete the§ 2254 Petition form and return the same to the Court within fifteen (15) days of the date of entry thereof. The Court warned Litteral that the failure to return to the§ 2254 Petition form within twenty (20) days of the date of entry thereof would result in the dismissal of the action. More than twenty the September 24, (20) See Fed. R. Civ. P. 41(b). days have elapsed since the entry of 2019 Memorandum Order and Litteral has not Dockets.Justia.com responded. prejudice. Accordingly, the action will be dismissed without A certificate of appealability will be denied. The Clerk is directed to send a copy of the Memorandum Opinion to Litteral. An appropriate Order shall issue. Isl Robert E. Payne Senior United States District Judge Richmond, Virginia Date: 6)rf'~5 l / 'l-0Cf 2
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