AUSTIN v. COMMISSIONER OF CORRECTION

Civ. No. 3-91-573 (WWE).

814 F.Supp. 233 (1992)

Richard AUSTIN v. COMMISSIONER OF CORRECTION.

United States District Court, D. Connecticut.

December 3, 1992.


Attorney(s) appearing for the Case

Richard Austin, pro se.

James A. Killen, Julia Dicocco Dewey, Office Of The Chief St. Atty., Wallingford, CT, for defendant.


RULING ON MOTION FOR SUMMARY JUDGMENT

EGINTON, Senior District Judge.

Respondent, the Commissioner of Correction, has moved for summary judgment pursuant to Fed.R.Civ.P. 56 on the grounds that count one of the petition fails to state a claim upon which relief can be granted and that there exists an adequate and independent state law ground precluding federal habeas corpus review of count two. For the reasons set forth below, the motion for summary judgment...

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