Masika v. Chesapeake Circuit Court Jail

Filing 37

MEMORANDUM OPINION. SEE OPINION for complete details. Signed by Magistrate Judge Roderick C. Young on 07/11/2018. Copy mailed to Petitioner.(ccol, )

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

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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.

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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.