No. 06-CV-6416(VEB).

742 F.Supp.2d 336 (2010)

Antonio MELENDEZ, Petitioner, v. Robert A. KIRKPATRICK, Respondent.

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

October 8, 2010.

Attorney(s) appearing for the Case

Antonio Melendez , Alden, NY, pro se.

Stephen X. O'Brien , Monroe County District Attorney, Rochester, NY, for Respondent.


VICTOR E. BIANCHINI, United States Magistrate Judge.

I. Background

By a petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254, pro se petitioner Antonio Melendez ("Melendez" or "petitioner") has challenged the constitutionality of his state custody pursuant to a 2002 judgment of conviction on charges of depraved indifference murder and weapons possession charges. The parties have consented to disposition...

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