Uzzle v. Flemming, No. 1:2016cv00473 - Document 22 (E.D. Va. 2017)
Court Description: MEMORANDUM OPINION. Signed by District Judge James C. Cacheris on 08/15/2017. (dvanm, )
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Uzzle v. Flemming Doc. 22 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA Alexandria Division Brian Keith Uzzle, Petitioner, I:16cv473 (JCC/IDD) v. Lesley Fleming, Respondent.1 MEMORANDUM OPINION Brian Keith Uzzle, a Virginia inmate proceeding pro se, has filed a petition for a writ of habeas corpus pursuant to 28 U.S.C. ยง2254, challenging his conviction of murder and use of a firearm in the commission of a murder following a jury trial in the Chesterfield County Circuit Court. For the reasons which follow, respondent's Motion to Dismiss the petition will be granted. I. Background The Court of Appeals of Virginia described the facts underlying petitioner's convictions as follow: [T]he evidence proved that on the evening of August 28, 2011, Michael Flowers and Artemus Taylor saw Montique Fitzgerald in the neighborhood. Flowers, Taylor and Fitzgerald went to Flowers' house. Gerald Everettjoined them in the backyard ofFlowers' house. The four of them were talking, and some were drinking. Appellant, who lived behind Flowers, and Mike Pope walked over to Flowers' house. Appellant greeted everybody. Fitzgerald was on the steps and came down to speak with appellant. Appellant and Fitzgerald started arguing about a telephone conversation. According to one witness, "[t]hey were kind of squared off," but neither hit nor swung at each 'Respondent's surname is spelled alternately as both "Fleming" and "Flemming" in her Brief in Support of ... Motion to Dismiss. The Court has chosen to use the former in this Memorandum Opinion. Dockets.Justia.com
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