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HUFFMAN v. KIRKPATRICK

No. 07-CV-0481(VEB).

739 F.Supp.2d 298 (2010)

Loral Richard HUFFMAN, Jr., Petitioner, v. Wende Prison Warden KIRKPATRICK, Respondent.

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

September 20, 2010.

Attorney(s) appearing for the Case

Loral Richard Huffman, Jr. , Alden, NY, pro se.

Matthew B. Powers , Erie County District Attorney's Office, Buffalo, NY, for Respondent.

DECISION AND ORDER

VICTOR E. BIANCHINI, United States Magistrate Judge.

I. Background

Pro se petitioner Loral Richard Huffman, Jr. ("Huffman" or "petitioner") has filed a petition for a writ of habeas corpus under 28 U.S.C. § 2254 challenging the constitutionality of his state custody, which resulted from his conviction, following a guilty plea, to one count of absconding from temporary release in the first degree (New York Penal Law...

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