Wilson v. Brown

Filing 26

MEMORANDUM OPINION. Signed by District Judge M. Hannah Lauck on 9/23/2016. (sbea, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF VIRGINIA
Richmond Division

NATALIA LESCHENKO WILSON,
Petitioner,
V.

Civil Action No. 3;14cv768

TAMMY BROWN, Warden of the Fluvanna
Correctional Center for Women,

Respondent.
MEMORANDUM OPINION

Petitioner Natalia Leschenko Wilson, a Virginia state inmate, brings, through counsel,

this petition for a writ of habeas corpus pursuant to 28 U.S.C. §2254^ ("§ 2254 Petition"). (ECF
No. 1.) Brown filed a Supplemental Motion to Dismiss ("Supplemental Motion") and Rule 5

Answer. (ECF Nos. 18, 19.) Wilson responded to the Supplemental Motion. (ECF No. 21.)
Wilson also filed a Motion to Supplement the Record. (ECF No. 22.) Brown responded. (ECF
No. 24.) Neither party filed a reply, and the time to do so has expired. The matters are ripe for
disposition. The Court dispenses with oral argument because the materials before it adequately
present the facts and legal contentions, and argument would not aid the decisional process. For

the reasons that follow, the Court will deny Wilson's Motion to Supplement the Record. The
Court will grant the Supplemental Motion to Dismiss and dismiss the § 2254 Petition.

^28 U.S.C. § 2254(a) states in relevant part:
The Supreme Court [of the United States], a Justice thereof, a [federal] circuit
judge, or a [federal] district court shall entertain an application for a writ of
habeas corpus in behalf of a person in custody pursuant to the judgment of a State
court only on the ground that he [or she] is in custody in violation of the
Constitution or laws or treaties of the United States.

28 U.S.C. § 2254(a).