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McCOLLY v. BRUNELLE

No. 96-CV-621H.

980 F.Supp. 691 (1997)

Wayne McCOLLY, Petitioner, v. Charles BRUNELLE, Superintendent, Wyoming Correctional Facility, Respondent.

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

May 13, 1997.

Attorney(s) appearing for the Case

Wayne McColly, Attica, NY, pro se.

Susan D. Nusbaum, Asst. Dist. Atty., Kevin M. Dillon, Erie County Dist. Atty., Buffalo, NY, for Respondent.

DECISION AND ORDER

HECKMAN, United States Magistrate Judge.

The parties have consented pursuant to 28 U.S.C. § 636(c)1 to have the undersigned conduct any and all further proceedings in this petition for habeas corpus relief under 28 U.S.C. § 2254. Respondent has moved to dismiss the petition. For the following reasons, respondent's motion is granted.

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