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BOOKER v. KELLY

No. CIV-86-0273T.

636 F.Supp. 319 (1986)

William Arthur BOOKER, Jr., Petitioner, v. Walter R. KELLY, Superintendent of Attica Correctional Facility, Respondent, and Howard R. Relin, District Attorney of Monroe County, Intervenor.

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

May 30, 1986.

Attorney(s) appearing for the Case

William Arthur Booker, Jr., pro se.

Robert Abrams, Atty. Gen., State of N.Y., Albany, N.Y. (Carlos Rodriguez, Asst. Atty. Gen., of counsel), Rochester, N.Y., for respondent.

Howard R. Relin, Dist. Atty., Monroe County (Wendy Evans Lehmann, Asst. Dist. Atty., of counsel), Rochester, N.Y., for intervenor.

DECISION and ORDER

TELESCA, District Judge.

William Booker, who is presently incarcerated at the Attica Correctional Facility, petitions this Court for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. For the reasons set forth below, the petition is dismissed on the grounds that Booker has failed to exhaust State remedies.

BACKGROUND

Booker was convicted following a jury trial on January 21, 1983 of robbery in the first degree...

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