HARVEY v. PEOPLE OF THE CITY OF NEW YORK

No. 05 CV 4991(NG)(JMA).

435 F.Supp.2d 175 (2006)

Cecil O. HARVEY, a/k/a Michael Roberts, Petitioner, v. PEOPLE OF THE CITY OF NEW YORK, Respondent.

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

June 23, 2006.


Attorney(s) appearing for the Case

Cecil O. Harvey, Kearney, NJ, pro se.

Kings County District Attorneys Office, New York State Attorney Generals Office, for Respondent.


OPINION AND ORDER

GERSHON, District Judge.

Acting pro se, petitioner Cecil O. Harvey filed a petition, dated October 10, 2005, seeking a writ of habeas corpus pursuant to 28 U.S.C. § 2254. On January 13, 2006, the court ordered limited briefing to address the following issues: whether the petition is time-barred and whether petitioner is currently "in custody" within the meaning of Section 2254. For the reasons set forth below, the petition...

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