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BAKER v. KIRKPATRICK

No. 07-CV-6446(VEB).

768 F.Supp.2d 493 (2011)

Kenneth BAKER, Petitioner, v. Robert KIRKPATRICK, Respondent.

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

March 8, 2011.

Attorney(s) appearing for the Case

Kenneth Baker , Alden, NY, pro se.

Patrick H. Fierro , Wendy Evans Lehmann , Rochester, NY, for Respondent.

DECISION AND ORDER

VICTOR E. BIANCHINI, United States Magistrate Judge.

I. Introduction

Proceeding pro se, Kenneth Baker ("Baker" or "Petitioner") has filed a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254 challenging his state custody pursuant to a judgment of conviction following a jury trial in New York State Supreme Court (Monroe County) on charges of murder in the second degree (New York Penal Law ("P.L.") §...

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