Hicks, Jr., v. Commonwealth of Virginia

Filing 2

MEMORANDUM OPINION. SEE OPINION for complete details. Signed by District Judge Robert E. Payne on 02/02/2018. Copy of Memorandum Opinion mailed to Petitioner as directed.(ccol, )

IN THE
FOR

UNITED

THE

STATES

EASTERN

DISTRICT

DISTRICT

OF

COURT

p

VIRGINIA

b

Richmond Division

OZELIA HICKS,

FEB - 5 2018

JR.,

CLERK, U.S. L i-.i r-iiCI COURT

Petitioner,

RICHMO:-JD VA

V.

Civil Action No.

COMMONWEALTH OF VIRGINIA,

3:17CV852

et al.,

Respondents.
MEMORANDUM

On

December

27,

FOR NEW TRIAL Rule

for New Trial,"
New

Trial

is

2017,

59

MOTION

ECF No.
a

1.)

OPINION

Ozelia
TO

Hicks,

CORRECT

Jr.

THE

filed

RECORD."

As explained below,

successive,

unauthorized

a

28

"MOTION
("Motion

the Motion for
U.S.C.

§

2254

petition.

I.
A.

Procedural History

Hicks'8 First §

Hicks

was

2254 Petition

convicted

in

the

Circuit

Court

of

Chesterfield

County for obtaining money by false pretenses and was sentenced
to

seven

No.

3:15CV123,

years

of

2016

incarceration.
WL 901265,

at

See

*1

(E.D.

Hicks
Va.

denied

Hicks's

pursuant to 28 U.S.C.

petition
§

2254.

for

See

a

writ

at *9.

of

v.

Mar.

By Memorandum Opinion and Order entered on March 3,
Court

J

Clarke,
3,

2016).

2016,

habeas

this

corpus