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CUMMINGS v. BURGE

No. 03-CV-6632L.

581 F.Supp.2d 436 (2008)

Douglas T. CUMMINGS, Petitioner, v. John BURGE, Respondent.

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

September 23, 2008.

Attorney(s) appearing for the Case

Douglas T. Cummings, Ogdensburg, NY, pro se.

Frank A. Aloi, Frank A. Aloi, Esq., Rochester, NY, for Petitioner.

Alyson J. Gill, Office of New York State Attorney General, New York, NY, Gary M. Levine, New York State Office of the Attorney General, Rochester, NY, for Respondent.

DECISION AND ORDER

DAVID G. LARIMER, District Judge.

Petitioner filed a petition for a writ of habeas corpus from a judgment entered against him in Wyoming County Court. The petitioner, Douglas T. Cummings ("Cummings"), was convicted after trial of rape in the first degree and was sentenced to a term of 10 ½ years imprisonment.

This Court referred the petition to United States Magistrate Judge Victor E. Bianchini, pursuant to 28 U.S.C...

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