Garcia v. Fleming, No. 3:2013cv00680 - Document 14 (E.D. Va. 2014)
Court Description: MEMORANDUM OPINION. Signed by District Judge John A. Gibney, Jr on 6/18/14. (Copy mailed to petitioner).(jtho, )
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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA Richmond Division RICARDO FELIX GARCIA, Petitioner, Civil Action No. 3:13CV680 v. LESLIE FLEMING, Respondent. MEMORANDUM OPINION Ricardo Felix Garcia, a Virginia state prisoner proceeding pro se and informa pauperis, brings this petition pursuant to 28 U.S.C. § 2254 ("§ 2254 Petition") challenging his conviction in the Circuit Court for the County of Stafford, Virginia ("Circuit Court"). In his § 2254 Petition, Garcia argues entitlement to relief based upon the following grounds: Claim One: Counsel rendered ineffective assistance by failing to investigate the purported terminal illness of a prosecution witness. Claim Two: Counsel rendered ineffective assistance by failing to secure the testimony of a material witness for the defense case. Claim Three: The Commonwealth engaged in prosecutorial misconduct when it "knowingly and intentionally used . . . perjured testimony . . . ." (§ 2254 Pet. 9.) Respondent moves to dismiss the § 2254 Petition. Despite providing Garcia with appropriate Roseboro notice,2 (ECF No. 13.) Garcia failed to respond. The matter is ripe for disposition. 1The Court corrects the punctuation in thequotations from Garcia's submissions. 2See Roseboro v. Garrison, 528 F.3d 309 (4th Cir. 1975).
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