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RUPERT v. NOETH

17-CV-6373L.

510 F.Supp.3d 3 (2020)

Franklin RUPERT, Petitioner, v. Joseph H. NOETH, Superintendent, Respondent.

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

Signed December 18, 2020.

Attorney(s) appearing for the Case

Franklin Rupert, Comstock, NY, pro se.

Hannah Stith Long , New York State Attorney General's Office, Lisa Ellen Fleischmann , New York State Department of Law, New York, NY, Laura Stockmyer (e-service) Alyson Gill Arlene Roces, for Respondent.

DECISION AND ORDER

Petitioner Franklin Rupert has filed a pro se petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254, challenging his conviction and sentence in New York State Supreme Court, Monroe County of burglary in the second degree (N.Y. Penal

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