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MILES v. KELLY

No. CIV-87-134E.

692 F.Supp. 162 (1988)

Roger MILES, Petitioner, v. Walter KELLY, Superintendent, Attica Correctional Facility, Respondent.

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

August 11, 1988.

Attorney(s) appearing for the Case

R. Nils Olsen, Jr., Buffalo, N.Y., for petitioner.

Louis Haremski, Buffalo, N.Y., for respondent.

MEMORANDUM AND ORDER

ELFVIN, District Judge.

The within Petition seeks a writ of habeas corpus to atone for an unconscionable delay in the processing of his appeal from a conviction in a criminal case in a state court. Note is taken of the fact that such delay has become endemic in New York in the area of appeals from such adverse trial results.

According to my practice, the Petition was referred to a Magistrate of this Court pursuant to 28 U.S.C...

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