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MARTINEZ v. WALKER

No. 00-CV-6603.

380 F.Supp.2d 179 (2005)

Hector MARTINEZ, Petitioner, v. Hans WALKER, Superintendent of Auburn Correctional Facility, Respondent.

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

March 29, 2005.

Attorney(s) appearing for the Case

Hector Martinez, Auburn, NY, pro se.

Marian Whitney Payson, Esq., Assistant Attorney General Office of the Attorney General, Rochester, NY, Frank J. Clark, Esq., District Attorney of Erie County, Buffalo, NY, for Defendant.

DECISION AND ORDER

BIANCHINI, United States Magistrate Judge.

INTRODUCTION

Hector Martinez ("Martinez") filed this pro se petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254 challenging his conviction in County Court on five counts of first degree burglary and three counts of second degree assault. The parties have consented to disposition of this matter by the undersigned pursuant to 28 U.S.C. § 636(b).

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