GARCIA v. SCULLY

No. 92 Civ. 2081 (JGK).

907 F.Supp. 700 (1995)

Humberto GARCIA, Plaintiff, v. Charles SCULLY, Superintendent Green Haven Correctional Facility, Defendant.

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

November 8, 1995.


Attorney(s) appearing for the Case

Humberto Garcia, Moravia, New York, pro se.

Monica R. Jacobson, Assistant Attorney General, State of New York Dept. of Law, New York City, for defendant.


ORDER

KOELTL, District Judge:

The Court has received and reviewed the attached Report and Recommendation of Magistrate Judge Sharon E. Grubin dated August 18, 1995 that recommends that this petition for habeas corpus should be dismissed without prejudice because the petitioner failed to exhaust state court remedies with respect to one claim — ineffective assistance of appellate counsel. Because this petition...

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