No. 02-CV-6014 CJS.

611 F.Supp.2d 274 (2009)

Brian CONGELOSI, Plaintiff, v. Superintendent David MILLER, Eastern Correctional Facility, Defendant.

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

April 27, 2009.

Attorney(s) appearing for the Case

Brian Congelosi, Albion, NY, pro se.

Loretta S. Courtney, Monroe County District Attorney's Office, Rochester, NY, for Defendant.


SIRAGUSA, District Judge.

This case is before the Court to consider objections raised by Petitioner to the Report and Recommendation ("R & R") filed by United States Magistrate Judge Victor E. Bianchini upon review of Petitioner's application for the issuance of a writ of habeas corpus pertaining to his state court conviction. The law provides that in reviewing the objections, this Court

shall make a de novo...

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