Hicks, Jr. v. Commonwealth of Virginia, No. 3:2018cv00664 - Document 2 (E.D. Va. 2018)
Court Description: MEMORANDUM OPINION. Signed by District Judge Robert E. Payne on 11/01/2018. (Copy mailed to Plaintiff) (smej, )
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Hicks, Jr. v. Commonwealth of Virginia Doc. 2 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA Richmond Division OZELIA HICKS, JR., Petitioner, V. Civil Action No. 3:18CV664 COMMONWEALTH OF VIRGINIA, Respondent. MEMORANDUM OPINION Ozelia Hicks, Jr. has filed a ''Receipt for Renewed/Refiled Authorization and or COA as to Habeas Corpus Ozelia Hicks, Jr. V. Commonwealth of Virginia et al." ECF No. under § 1.) 2244 In this request. Second or {"Authorization Request," Hicks asks for "authorization Sucessive [sic] Habeas § 2244(b)(2) 2255(H) Under (No Probable Cause) or COA." 1.) To the extent that Hicks seeks permission to Corpus (I^ at file a successive petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254, Hicks must direct the request to United States Court of Appeals for the Fourth Circuit, not to this Court. Moreover, the Court has previously denied Hicks a certificate of appealability with regard to his original, non-successive § 2254 petition, and the Fourth Circuit dismissed the appeal. See Hicks V. Clarke, No. 3:15CV123, 2016 WL 901265, at *1 (E.D. Va. Mar. 3, 2016), appeal dismissed, 667 F. App'x 796 (4th Cir. Dockets.Justia.com 2016). Accordingly, Hicks's Authorization Request (ECF No. 1) will be denied and the action will be dismissed. The Clerk is directed to send a copy of the Memorandum Opinion to Hicks. It is so ORDERED. /s/ Date; November 1, 2018 Richmond, Virginia Robert E. Payne Senior United States District Judge
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