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TAVERAS v. SMITH

No. 03 Civ. 1875(SHS).

388 F.Supp.2d 256 (2005)

Jose TAVERAS, Petitioner, v. Joseph T. SMITH, Superintendent, Shawangunk Correctional Facility, Respondent.

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

September 13, 2005.

Attorney(s) appearing for the Case

BLS Legal Services, Inc., Prof. Ursula Bentele, Brooklyn Law School, of Counsel; Danielle Feman, Alex Lesman, Alexander Ryley, Law Interns, Brooklyn, NY, for Petitioner.

Morrie Kleinbart, Assistant District Attorney, New York City, for Respondent.

OPINION & ORDER

STEIN, District Judge.

Pursuant to 28 U.S.C. § 636(b)(1), this Court accepts Magistrate Judge Gorenstein's thoughtful Report and Recommendation dated January 6, 2005 for the reasons set forth therein. In that Report and Recommendation, Judge Gorenstein concluded that this Court should grant the petition of Jose Taveras, brought pursuant to 28 U.S.C. § 2254, because the decision...

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