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MILLER v. SENKOWSKI

No. CV 00-0208(DRH)ETB.

268 F.Supp.2d 296 (2003)

David R. MILLER, Petitioner, v. Daniel A. SENKOWSKI, Superintendent of Clinton Correctional Facility, A State Prison of Northern New York State, Respondent.

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

As Amended July 22, 2003.

Attorney(s) appearing for the Case

Federal Defender Division Appeals Bureau by Darrell B. Fields, Esq., New York City, for Petitioner.

Suffolk County District Attorney's Office by Thomas C. Costello, Esq., Riverhead, NY, for Respondent.

AMENDED1 MEMORANDUM & ORDER

HURLEY, District Judge.

I. Background

A. Procedural Background of the Habeas Petition

This 28 U.S.C. § 2254 habeas corpus application was commenced by the filing of a petition on January 10, 2000. In connection with this petition, the Court issued an Order to Show Cause for the Respondent to answer. Thereafter, the petition was respectfully referred to Magistrate...

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