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NELSON v. SMITH

No. 83 Civ. 7106 (RJW).

618 F.Supp. 1186 (1985)

Jimmie NELSON, Petitioner, v. Harold J. SMITH, Superintendent, Attica Correctional Facility, Attica, New York, and Robert Abrams, Attorney General of the State of New York, Respondents.

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

September 25, 1985.

Attorney(s) appearing for the Case

Jimmie Nelson, petitioner pro se.

Robert Abrams, Atty. Gen. of New York, New York City, (Melvyn R. Leventhal, Tyrone Mark Powell, Asst. Attys. Gen., of counsel), for respondents.

OPINION

ROBERT J. WARD, District Judge.

Jimmie Nelson petitions for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. By order dated March 19, 1984, the case was referred to the Honorable Michael H. Dolinger, United States Magistrate, pursuant to 28 U.S.C. § 636(b)(1) and Rule 4 of the Local Rules for Proceedings Before Magistrates, to hear and report on Nelson's petition. On June 6, 1984, Magistrate Dolinger submitted his Report and Recommendation...

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