DAVIS v. KELLY

No. 97-CV-193H.

2 F.Supp.2d 362 (1998)

Julius DAVIS, Petitioner, v. Walter R. KELLY, Superintendent, Attica Correctional Facility, Respondent.

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

April 10, 1998.


Attorney(s) appearing for the Case

Julius Davis, Attica, NY, pro se.

Paul J. Williams, III, J. Michael Marion, Kevin M. Dillon, Erie County District Attorney's Office, Buffalo, NY, for Walter R. Kelly.


DECISION AND ORDER

HECKMAN, United States Magistrate Judge.

In accordance with 28 U.S.C. § 636(c), the parties have consented to have the undersigned conduct all further proceedings in this petition for habeas corpus relief pursuant to 28 U.S.C. § 2254. For the reasons set forth below, the petition is dismissed.

BACKGROUND

Petitioner Julius Davis ("petitioner") was indicted on two counts of Murder in the Second Degree under...

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