No. 09-CV-6525 VEB.

778 F.Supp.2d 291 (2011)

Bruce D. MOBLEY, Petitioner, v. Robert A. KIRKPATRICK, Respondent.

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

April 20, 2011.

Attorney(s) appearing for the Case

Bruce D. Mobley , Alden, NY, pro se.

Donna A. Milling , Erie County District Attorney's Office, Buffalo, NY, for Respondent.


VICTOR E. BIANCHINI, United States Magistrate Judge.

I. Introduction

Proceeding pro se, Bruce D. Mobley ("Mobley" or "Petitioner") has filed a petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254 challenging the constitutionality of his conviction and custody after a jury verdict in New York State Supreme Court (Erie County), on charges of assault in the first degree (New York Penal Law ("P.L.") §...

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