Garcia v. Fleming

Filing 14

MEMORANDUM OPINION. Signed by District Judge John A. Gibney, Jr on 6/18/14. (Copy mailed to petitioner).(jtho, )

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).