Masika v. Chesapeake Circuit Court Jail

Filing 27

MEMORANDUM OPINION. SEE OPINION for complete details. Signed by Magistrate Judge Roderick C. Young on 02/26/2018. Copy of Memorandum Opinion mailed to Petitioner.(ccol, )

FOR THE EASTERN DISTRICT OF VIRGINIA
Richmond Division

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FB 2 7 2018

FRANCIS ANYOKORIT MASIKA,
CLERK, U S. D^TniCT COURT

Petitioner,

RICNMOND VA

V.

Civil Action No. 3:16CV1006

CHESAPEAKE CIRCUIT COURT,

Respondent.
MEMORANDUM OPINION

Francis Anyokorit Masika, a Virginia state prisoner proceeding pro se, brings this

petition pursuant lo 28 U.S.C. § 2254 {"§2254 Petition," ECF No. 1)' challenging his
convictions in the Circuit Court for the City of Chesapeake, Virginia ("Circuit Court").

Respondent moves lo dismiss. (ECF No. 13.) Masika has filed a Response. (ECF No. 18.) For
the reasons set forth below, the Motion to Dismiss (ECF No. 13) will be DENIED WITHOUT
PREJUDICE.
I. PERTINENT PROCEDURAL HISTORY

A.

Criminal Proceedings

On January 24, 2014, Masika was convicted in the Circuit Court of forging a check,
uttering a forged check, and obtaining money or property by false pretenses. (ECF No. 15-1, at

1.) The Circuit Court sentenced Masika to a total of fifteen years of imprisonment—5 years on
each count—and suspended 4 years and 8 months on each count, for a total of fourteen years
suspended, and an active sentence of one year. {!d. at 2-3.) The Circuit Court also conditioned

Masika's sentence suspension on his compliance with supervised probation. (W. at 2.) Masika

' The Court utilizes the pagination assigned by the CM/ECF docketing system to Masika's
§ 2254 Petition. The Court corrects the capitalization and punctuation in the quotations from
Masika's submissions.

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