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U.S. EX REL. BUTLER v. BARA

No. 88 Civ. 7632(SWK).

757 F.Supp. 210 (1990)

UNITED STATES of America ex rel. Charles BUTLER, Petitioner, v. Raymond R. BARA, Jr., Superintendent of Arthur Kill Correctional Facility, Robert Abrams, Attorney General of the State of New York and Robert Morgenthau, District Attorney of New York County, Respondents.

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

October 31, 1990.

Attorney(s) appearing for the Case

Charles Butler, pro se.

Robert Abrams, Atty. Gen. of the State of N.Y. by Brian T. McGovern, Asst. Atty. Gen., Albany, N.Y., for respondents.

MEMORANDUM OPINION AND ORDER

KRAM, District Judge.

Petitioner Charles Butler filed a petition for writ of habeas corpus with the Court on the grounds of equal protection, ineffective assistance of trial counsel and due process. The petition was referred to Magistrate Bernikow. Magistrate Bernikow filed his Report and Recommendation (hereinafter "R & R") with the Court, recommending that the writ be granted as to the third ground. State respondents have...

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