ARKIM v. IRVIN

No. 96-CV-0590H.

996 F.Supp. 245 (1998)

Barry ARKIM, a/k/a Edward Mason, Petitioner, v. Frank E. IRVIN, Superintendent, Respondent.

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

February 9, 1998.


Attorney(s) appearing for the Case

Barry Arkim, Alden, NY, Pro se.

J. Michael Marion, Asst. Dist. Atty., Kevin M. Dillon, Dist. Atty., Buffalo, NY, for Frank E. Irvin.


DECISION AND ORDER

HECKMAN, United States Magistrate Judge.

The parties have consented pursuant to 28 U.S.C. § 636(c) to have the undersigned conduct all further proceedings in this petition for habeas corpus relief under 28 U.S.C. § 2254. For the reasons that follow, the petition is denied.

BACKGROUND

On April 27, 1990, petitioner was indicted by the Erie County grand jury on one count of rape in the first degree (N.Y...

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