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KEARNEY v. DALSHEIM

84 Civ. 0303 (RWS).

586 F.Supp. 667 (1984)

Calvin KEARNEY, Petitioner, v. Stephen DALSHEIM, Warden of Downstate Correctional Facility, Thomas Coughlin, III, Commissioner of Correctional Services for the State of New York, Arthur Cinotti, Warden of Complex C 76 Rikers Island Prison, Benjamin Ward, New York City Commissioner of Correction, Respondents.

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

May 9, 1984.

Attorney(s) appearing for the Case

Calvin Kearney # 083A3472, pro se.

Robert Abrams, Atty. Gen. of the State of N.Y., New York City, for respondents; Melvyn E. Leventhal, Deputy First Asst. Atty. Gen., Arlene R. Silverman, Asst. Atty. Gen., New York City, of counsel.

OPINION

SWEET, District Judge.

Pro se petitioner Calvin Kearney ("Kearney"), a state inmate at the Ossining Correctional Facility ("Ossining"), brings this action for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. For the reasons stated below, respondents' motion to dismiss the application is granted, and the petition is dismissed.

Kearney is currently serving a one-to-three-year sentence1 and awaiting...

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