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HIGHTOWER v. KELLY

No. 85 Civ. 4012 (JES).

657 F.Supp. 516 (1987)

Paul HIGHTOWER, Petitioner, v. Walter R. KELLY, Superintendent, Attica Correctional Facility, Respondents.

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

As Amended May 6, 1987.

Attorney(s) appearing for the Case

Abraham Hecht, Forest Hills, N.Y., for petitioner.

Robert Abrams, Atty. Gen. of N.Y., New York City, for respondents; Vida M. Alvy, Asst. Atty. Gen., of counsel.

SPRIZZO, District Judge.

In this action, petitioner Paul Hightower seeks a writ of habeas corpus pursuant to 28 U.S.C. § 2254 (1982). This matter was referred to a Magistrate for a Report and Recommendation. The Magistrate recommended that the writ be denied and the action dismissed. See Report and Recommendation ("Report") at 1, 12. The Court has reviewed de novo petitioner's objections to the Magistrate's Report in accordance with 28 U.S.C. &...

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