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HUTZENLAUB v. PORTUONDO

No. 02-CV-0894 (ADS).

325 F.Supp.2d 236 (2004)

Fred HUTZENLAUB, Petitioner, v. Leonard PORTUONDO, Superintendent of Shawangunk Correctional Facility, Respondent.

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

July 21, 2004.

Attorney(s) appearing for the Case

Julia Pamela Heit, Esq., New York, NY, Attorney for Petitioner.

Thomas J. Spota, District Attorney of Suffolk County, by Mary Cameron Kenny, Assistant District Attorney, Riverhead, NY, Attorney for Respondent.

MEMORANDUM OF DECISION AND ORDER

SPATT, District Judge.

On March 8, 2003, the Court denied as untimely the petition of Fred Hutzenlaub ("Hutzenlaub" or "Petitioner") for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. See Hutzenlaub v. United States, No. 02-CV-0894 (E.D.N.Y. Mar. 8, 2003). The Court also declined to grant the Petitioner a certificate of appealability. Hutzenlaub's petition was denied after the Court held a hearing...

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