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McSHALL v. HENDERSON

No. 81 Civ. 1844-CLB.

526 F.Supp. 158 (1981)

Carl McSHALL, Petitioner, v. Robert J. HENDERSON, Superintendent, Auburn Correctional Facility, Respondent.

United States District Court, S. D. New York.

November 9, 1981.

Attorney(s) appearing for the Case

Carl McShall, pro se.

Robert M. Morgenthau, Dist. Atty., New York County, New York City, Mark Dwyer and Marc Fraizer Scholl, Asst. Dist. Attys., New York City, of counsel, for respondent.

MEMORANDUM AND ORDER

BRIEANT, District Judge.

Carl McShall, a state prisoner, filed his petition on March 27, 1981 for a writ of habeas corpus, pursuant to 28 U.S.C. § 2254. On May 18, 1981, the District Attorney of New York County filed an answer. Petitioner filed his "Traverse to Answer" on September 3, 1981.

Petitioner has exhausted his state remedies as a result of his direct appeals in the New...

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