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HORTON v. ERCOLE

No. 06-cv-0163 (GLS-DRH).

557 F.Supp.2d 308 (2008)

Michael HORTON, Petitioner, v. Robert ERCOLE, Superintendent of Green Haven Correctional Facility, Respondent.

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

March 25, 2008.

Attorney(s) appearing for the Case

Michael Horton, Stormville, NY, pro se.

Hon. Andrew M. Cuomo, Attorney. General for the State of New York, Lisa E. Fleischmann, Esq., Ass't Attorney General, of Counsel, New York, NY, for the Respondent.

DECISION AND ORDER

GARY L. SHARPE, District Judge.

I. Introduction

On February 6, 2006, Michael Horton filed a petition under 28 U.S.C. § 2254 for a writ of habeas corpus, challenging his New York State conviction and sentence for assault (two counts) and criminal use of a firearm. (See Dkt. No. 1.) Horton's petition was referred to Magistrate Judge David R....

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