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AYALA v. SCULLY

No. 83 Civ. 4749 (JES).

640 F.Supp. 179 (1986)

Jose AYALA, Petitioner, v. Charles SCULLY, Warden of Green Haven Correctional Facility, Robert Abrams, Attorney General of the State of New York and Elizabeth Holtzman, Kings County District Attorney, Respondents.

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

July 24, 1986.

Attorney(s) appearing for the Case

Jose Ayala, pro se.

Elizabeth Holtzman, Dist. Atty., Kings County, Brooklyn, N.Y., Karen M. Wigle, Asst. Dist. Atty., for respondents.

OPINION AND ORDER

SPRIZZO, District Judge:

Petitioner, Jose Ayala, moves pro se for a writ of habeas corpus under 28 U.S.C. § 2254 (1982). The instant petition was referred to a Magistrate for a report and recommendation. The Magistrate recommended dismissal on the grounds that petitioner has failed to exhaust his state court remedies. Neither party has filed objections to the Magistrate's report pursuant to 28 U.S.C. § 636(c) (1982). For...

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