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DAVIS v. JOHNSON

No. 00-CV-1010(ADS).

258 F.Supp.2d 93 (2003)

Charles DAVIS, Petitioner, v. Sally B. JOHNSON, Superintendent, Orleans Correctional Facility, Respondent.

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

April 14, 2003.

Attorney(s) appearing for the Case

Charles Davis, Beacon, NY, for Petitioner, pro se.

Denis Dillon, District Attorney of Nassau County, Tammy Smiley and Andrea Di Gregorio by Assistant District Attorneys, Mineola, NY, for Respondent.

MEMORANDUM OF DECISION AND ORDER

SPATT, District Judge.

Charles Davis ("Davis") petitions for a writ of habeas corpus with regard to his 1996 conviction in state court, pursuant to 28 U.S.C. § 2254. For the reasons stated below, Davis's petition is denied.

On April 12, 1995, Davis shot Detective James Curtis, in the back of his head, near a warehouse in Oceanside, Nassau County, New York. At approximately three o'clock that morning, Davis was...

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