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BANKS v. CHARLES

No. CIV-85-1540E.

721 F.Supp. 470 (1989)

Robert BANKS, Petitioner, v. James CHARLES, Superintendent, New York State Correctional Department, Respondent.

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

September 27, 1989.

Attorney(s) appearing for the Case

Robert Banks, pro se.

Louis Haremski, Erie County Dist. Attorney's Office Buffalo, N.Y., for respondent.

MEMORANDUM and ORDER

ELFVIN, District Judge.

This is a Petition for a writ of habeas corpus for relief from state custody. See 28 U.S.C. § 2254. It had been referred pursuant to 28 U.S.C. § 636(b)(1)(B) to United States Magistrate Edmund F. Maxwell, and he has recommended in his Report and Recommendation dated October 14, 1987 that the Petition be denied. As objections have been filed, this Court will conduct a de novo review.

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