Garcia v. Secretary, Department of Corrections (Lee County)

UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA FORT MYERS DIVISION ROY GARCIA, JR., Petitioner, v. Case No: 2:17-cv-158-FtM-29MRM SECRETARY, DEPARTMENT OF CORRECTIONS and ATTORNEY GENERAL, STATE OF FLORIDA, Respondents. OPINION AND ORDER Pending before the Court is Petitioner Roy Garcia Jr.’s (“Petitioner”) petition for writ of habeas corpus pursuant to

28 U.S.C. § 2254

constructively filed on March 2, 2017.1 (Doc. #1, “Petition”). Petitioner is confined within the Florida Department of Corrections and challenges his October 5, 2009 sentence and conviction, after jury trial, entered by…