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HAYWOOD v. PORTUANDO

No. 02 Civ. 890 JSR GWG.

288 F.Supp.2d 446 (2003)

Wayne HAYWOOD, Petitioner, v. Leonard PORTUANDO, Superintendent, Shawangunk Correctional Facility, Respondent.

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

September 19, 2003.

Attorney(s) appearing for the Case

Joseph M. Nursey, Office of the Appellate Defender, New York City, for petitioner.

Christopher John Blira-Koessler, Office of the District Attorney, Bronx County, Bronx, NY, for respondent.

ORDER

RAKOFF, District Judge.

On March 21, 2003, the Honorable Gabriel W. Gorenstein, United States Magistrate Judge, issued a Report and Recommendation in the above-captioned matter recommending that petitioner's motion under 28 U.S.C. § 2254 for a writ of habeas corpus be denied and that his petition be dismissed. Both petitioner and the State of New York timely filed objections to the Report and Recommendation.

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