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SIMMS v. LaCLAIR

No. 07-CV-6307(VEB).

769 F.Supp.2d 116 (2011)

Charles SIMMS, Petitioner, v. Darwin LaCLAIR, Superintendent Respondent.

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

January 6, 2011.

Attorney(s) appearing for the Case

Charles Simms , Pine City, NY, pro se.

Nancy A. Gilligan , Rochester, NY, for Respondent.

DECISION AND ORDER

VICTOR E. BIANCHINI, United States Magistrate Judge.

I. Introduction

Petitioner pro se Charles Simms ("Simms" or "Petitioner") has filed a petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254 challenging the constitutionality of his detention in state custody. Sims is incarcerated pursuant to a judgment of conviction entered against him following a jury trial of four counts of robbery in the second degree...

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