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VELAZQUEZ v. LAPE

No. 07 Civ. 7228 (CM)(DFE).

622 F.Supp.2d 23 (2008)

Roberto VELAZQUEZ, Petitioner, v. William LAPE, Superintendent, et al., Respondents.

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

December 9, 2008.

Attorney(s) appearing for the Case

Frances A. Gallagher, Legal Aid Society Criminal Appeals Bureau, New York, NY, for Petitioner.

McMAHON, District Judge.

After reviewing the record, including the submission on behalf of Petitioner objecting to the Report and Recommendation of The Hon. Douglas F. Eaton, United States Magistrate Judge, dated October 6, 2008, the Court adopts the Report as its opinion, and dismisses the petition. I am persuaded that this case falls squarely within the Second Circuit's reasoning in the recent case of Rosa v. McCray, 396 F.3d 210

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