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DUNLEAVY v. SMITH

No. 79 Civ. 4158 (JMC).

501 F.Supp. 14 (1980)

George DUNLEAVY, Petitioner, v. Harold J. SMITH, Superintendent, Attica Correctional Facility, Respondent.

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

April 9, 1980.

Attorney(s) appearing for the Case

George Dunleavy, petitioner pro se.

Robert Abrams, Atty. Gen. of the State of New York, New York City by Paul E. Milbauer, Deputy Asst. Atty. Gen., New York City, for respondent.

MEMORANDUM DECISION

CANNELLA, District Judge:

Petition for a writ of habeas corpus, pursuant to 28 U.S.C. § 2254, is denied.

FACTS

The facts underlying this petition, which are undisputed, have been detailed in this Court's Memorandum Decision denying petitioner's earlier petition for a writ of habeas corpus, Dunleavy v. Smith, 78 Civ. 5071 (JMC) (S.D.N.Y. March 7, 1979):

On April 22, 1974, petitioner was sentenced...

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