DeVINE v. SULLIVAN

No. 86 Civ. 4708 (JES).

775 F.Supp. 129 (1991)

Thomas DeVINE, Petitioner, v. James E. SULLIVAN, Superintendent, Sing Sing Correctional Facility, and Robert Abrams, Attorney General of the State of New York, Respondents.

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

October 8, 1991.


Attorney(s) appearing for the Case

Loren I. Glassman, White Plains, N.Y., for petitioner.

Robert M. Morgenthau, Dist. Atty., New York County (Marc Frazier Scholl and Paul Harnisch, Asst. Dist. Attys., of counsel), New York City, for respondents.


MEMORANDUM OPINION AND ORDER

SPRIZZO, District Judge.

The above-captioned habeas corpus petition, filed pursuant to 28 U.S.C. § 2254 (1988), was referred to Magistrate Judge Joel L. Tyler for a Report and Recommendation, who recommended that the petition be dismissed. For the reasons that follow, the Court agrees that the petition should be dismissed.

BACKGROUND

The facts relevant to the determination of this action are set forth in...

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