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GONZALEZ-PENA v. HERBERT

No. 01-CV-6222.

369 F.Supp.2d 376 (2005)

Freddy GONZALEZ-PENA, Petitioner, v. Victor HERBERT, Superintendent, Attica Correctional Facility, and Frank J. Clark, District Attorney, Erie County, Respondents.

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

January 5, 2005.

Attorney(s) appearing for the Case

Freddy Gonzalez-Pena, Stormville, NY, pro se.

Raymond C. Herman, Erie County District Attorney's Office, J. Michael Marion, Asst. District Attorney, Kevin M. Dillon, Erie County District Attorney, Buffalo, NY, for Defendants.

DECISION AND ORDER

BIANCHINI, United States Magistrate Judge.

INTRODUCTION

Freddy Gonzalez-Peña ("Gonzalez-Peña" or "petitioner") filed this pro se petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254 challenging his conviction in Erie County Court on two counts of criminal possession of a controlled substance, one count of forgery and one count of criminal impersonation. The parties have consented to disposition...

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