Witcher v. Punturi
Petitioner: Corinthain S. Witcher
Respondent: Kevin Punturi
Case Number: 3:2023cv00862
Filed: December 20, 2023
Court: US District Court for the Eastern District of Virginia
Presiding Judge: Mark R Colombell
Referring Judge: M Hannah Lauck
Nature of Suit: Habeas Corpus (General)
Cause of Action: 28 U.S.C. ยง 2254 Petition for Writ of Habeas Corpus (State)
Jury Demanded By: None
Docket Report

This docket was last retrieved on February 16, 2024. A more recent docket listing may be available from PACER.

Date Filed Document Text
February 16, 2024 Opinion or Order Filing 5 MEMORANDUM ORDER (Second Order Directing Petitioner to File a Petition that Complies with Rule 2) - Petitioner, a Virginia inmate, has submitted a petition under 28 U.S.C. 2254. The current petition is not signed by Petitioner and appears to have been drafted entirely by his mother. Accordingly, the 2254 Petition does not comply with Rule 2. Petitioner is DIRECTED to complete and return the form to the Court within thirty (30) days of the date of entry hereof. The 2254 petition must comply with Rule 2. On January 26, 2024, the Court received another 2254 petition that is not signed by Petitioner, and again, fails to comply with Rule 2. On the final page, an individual named Tasha R. Stewart signed the 2254 petition. She indicates that she was "hired to complete[] the form on his behalf due to mental illnesses and his [i]nability to complete the motion and understand how to complete the form." (ECF No. 4, at 15.) Accordingly, the Court will not recognize any filings made by Ms. Stewart. Petitioner must sign his submissions to this Court under penalty of perjury. Accordingly, Petitioner is DIRECTED to submit, within twenty (20) days of the date of entry hereof, a petition complying with Rule 2. SEE ORDER FOR DETAILS. Signed by Magistrate Judge Mark R. Colombell on 2/16/2024. Copy of Memorandum Order mailed to Petitioner as directed. (jpow, )
January 26, 2024 Filing 4 PETITION for Writ of Habeas Corpus filed by Corinthain S. Witcher. (Attachments: #1 Envelope) (jsmi, )
January 8, 2024 Opinion or Order Filing 3 MEMORANDUM ORDER (Directing Petitioner to File a Petition that Complies with Rule 2). Petitioner, a Virginia inmate, has submitted a petition under 28 U.S.C. 2254,(ECF No. #1 ). Upon consideration of the petition for a writ of habeas corpus, it is ORDERED that: Rule 2 of the Rules Governing Section 2254 Cases requires that petitions pursuant to 28 U.S.C. 2254 be signed under penalty of perjury by the petitioner or by a person authorized to sign it for the petitioner under 28 U.S.C. 2242. Rules Governing 2254 Cases in U.S. District Courts, Rule 2(c)(5). The current petition is not signed by Petitioner and appears to have been drafted entirely by his mother. The Clerk is DIRECTED to mail Petitioner the standardized form for filing a 2254 petition. The Clerk shall WRITE the civil action number for the present action on the form. Petitioner is DIRECTED to complete and return the form to the Court within thirty (30) days of the date of entry hereof. Failure to complete and return the form in a timely manner will result in dismissal of the action. It is so ORDERED. Signed by Magistrate Judge Mark R. Colombell on 1/8/2024. Memorandum Order to include 28 U.S.C. 2254 was mailed to the petitioner. (sbea)
December 26, 2023 Filing 2 NOTICE of Appearance by Rosemary Bourne on behalf of Kevin Punturi (Bourne, Rosemary)
December 20, 2023 Filing 1 PETITION for Writ of Habeas Corpus filed by Corinthain S. Witcher. (Attachments: #1 Unmarked Attachments, #2 Envelope) (jsmi, )

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Petitioner: Corinthain S. Witcher
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Respondent: Kevin Punturi
Represented By: Rosemary Bourne
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