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ORRACA v. WALKER

No. 98 Civ. 4459 (LMM).

53 F.Supp.2d 605 (1999)

Jose ORRACA, Petitioner, v. Hans G. WALKER, Superintendent, Auburn Correctional Facility, Defendant.

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

June 18, 1999.

Attorney(s) appearing for the Case

Jose Orraca, Auburn, NY, pro se.

Susan Axelrod, Asst. District Attorney, New York County, New York City, for defendant.

MEMORANDUM AND ORDER

McKENNA, District Judge.

By Report and Recommendation dated May 26, 1999 (the "Report"), Magistrate Judge Peck recommended that the above petition for a writ of habeas corpus be denied without prejudice as a mixed petition. No timely objections having been filed (and petitioner having, apparently, see his letter to the Court dated June 14, 1999, commenced a proceeding to raise his unexhausted claims in state court), and...

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