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KIRKBY v. FILION

No. 04-CV-0456 (VEB).

644 F.Supp.2d 299 (2009)

Shane KIRKBY, Petitioner, v. Gary FILION, Superintendent of Coxsackie Correctional Facility, Respondent.

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

August 7, 2009.

Attorney(s) appearing for the Case

Shane Kirkby, Coxsackie, NY, pro se.

Luke Martland, Office of New York State Attorney General, New York, NY, for Respondent.

DECISION AND ORDER

VICTOR E. BIANCHINI, United States Magistrate Judge.

I. Introduction

Pro se petitioner Shane Kirkby ("petitioner" or "Kirkby") has filed a petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254 alleging that he is being held in state custody in violation of his federal constitutional rights. Kirkby's state custody arises from a judgment of conviction entered against him on June 21, 2000, following a jury...

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