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CLARK v. DALSHEIM

No. 79 Civ. 3152 (JMW).

663 F.Supp. 1095 (1987)

Richard Alan CLARK, Petitioner, v. Stephen DALSHEIM, Superintendent, Ossining Correctional Facility, Defendant.

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

July 9, 1987.

Attorney(s) appearing for the Case

Douglas S. Liebhafsky, Wachtell, Lipton Rosen & Katz, New York City, for petitioner.

Tyrone Mark Powell, New York Atty. Gen.'s Office, New York City, for defendant.

MEMORANDUM AND ORDER

WALKER, District Judge:

INTRODUCTION

Petitioner Richard Alan Clark ("Clark") has brought the instant petition for a writ of habeas corpus, pursuant to 28 U.S.C. § 2254. In her report and recommendation, Magistrate Nina Gershon recommended that this Court dismiss the instant petition on the grounds that Clark failed to exhaust his state remedies.

For the reasons set forth below, the Court finds that petitioner's...

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