Faxio v. Commonwealth of Virginia, No. 1:2012cv00078 - Document 13 (E.D. Va. 2012)
Court Description: MEMORANDUM OPINION Re: 5 MOTION to Dismiss by Commonwealth of Virginia. Signed by District Judge James C. Cacheris on 7/5/2012. Copy mailed to petitioner pro se.(stas)
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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA Alexandria Division Raymond Ricardo Faxio, ) Petitioner, ) ) ) ) ) ) v. Commonwealth of Virginia, Respondent l:12cv78(LO/TCB) MEMORANDUM OPINION Raymond Ricardo Faxio, a Virginia inmate proceeding pro se, has filed a petition for a writ of habeas corpus pursuant to 28 U.S.C. ยง 2254, challenging the constitutionality of his conviction in the Circuit Court of Fairfax County. On April 23,2012, respondent filed a Motion to Dismiss and Rule 5 Answer, along with a supporting brief and exhibits. Faxio was given the opportunity to file responsive materials, pursuant to Roseboro v. Garrison. 528 F.2d 309 (4th Cir. 1975) and Local Rule 7(K), and he has filed a reply and supporting brief. For the following reasons, respondent's Motion to Dismiss will be granted, and the petition will be dismissed. I. Background On July 29,2009, Faxio was found guilty following a bench trial of statutory burglary and grand larceny. By Order dated December 22, 2009, Faxio was sentenced to serve five years in prison on each count, to run concurrently. Resp. Ex. A. Faxio appealed to the Court of Appeals of Virginia, arguing that the trial court erred in admitting a surveillance video of the crime scene which had not been not properly authenticated. Resp. Ex. B. A judge of that Court denied the petition for appeal on the holding that no showing
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