Masika v. Chesapeake Circuit Court Jail, No. 3:2016cv01006 - Document 37 (E.D. Va. 2018)
Court Description: MEMORANDUM OPINION. SEE OPINION for complete details. Signed by Magistrate Judge Roderick C. Young on 07/11/2018. Copy mailed to Petitioner.(ccol, )
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Masika v. Chesapeake Circuit Court Jail Doc. 37 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA Richmond Division p p L E >W- UajM FRANCIS ANYOKORIT MASIKA, CLERK, U.S. DISTRICT COURT Petitioner, RICHMOND. VA V. Civil Action No.3:16CV1006 CHESAPEAKE CIRCUIT COURT, Respondent. MEMORANDUM OPINION Francis Anyokorit Masika, a former Virginia prisoner proceeding pro se,^ brings this petition pursuant to 28 U.S.C. § 2254 ("§ 2254 Petition," EOF No. 1)^ challenging his convictions in the Circuit Court for the City of Chesapeake, Virginia ("Circuit Court") and the sentence he received for violating the terms of his supervised probation. By Memorandum Opinion and Order entered on February 27, 2018, the Court denied without prejudice Respondent's Motion to Dismiss. (ECF Nos. 27—28.) The matter is now before the Court on Respondent's Renewed Motion to Dismiss ("Motion to Dismiss," ECF No. 30). Masika has filed a Response. (ECF No. 35.) For the reasons set forth below, the Motion to Dismiss(ECF No. 30) will be GRANTED. I. PERTINENT PROCEDURAL HISTORY A. Masika's Criminal Proceedings On March 5, 2013, a grand jury indicted Masika for forging a check (Count One), uttering a forged check (Count Two), obtaining money or property by false pretenses (Count 'It appears that Masika was released from incarceration in April 2018. {See ECF Nos. 29,34.) ^ The Court utilizes the pagination assigned by the CM/ECF docketing system to Masika's submissions. The Court corrects the capitalization, spelling, and punctuation in the quotations from Masika's submissions. Dockets.Justia.com
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