No. 06-CV-6242(VEB).

742 F.Supp.2d 352 (2010)

Mark W. SWAIL, Petitioner, v. Carl HUNT, Superintendent, Respondent.

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

October 12, 2010.

Attorney(s) appearing for the Case

Mark W. Swail , Rochester, NY, pro se.

Loretta S. Courtney , Rochester, NY, for Respondent.


VICTOR E. BIANCHINI, United States Magistrate Judge.

I. Background

Pro se petitioner Mark Swail ("Swail" or "petitioner"), by a petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254, challenges the constitutionality of his state-custody as a result of a judgment of conviction entered in Monroe County Court on June 27, 2002. The proof at trial showed that petitioner, carrying a shotgun, appeared at the...

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