Faxio v. Commonwealth of Virginia

Filing 13

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)

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

Raymond Ricardo Faxio,

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Petitioner,

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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. § 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