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ROSARIO v. SCULLY

No. 87 Civ. 0681 (RWS).

679 F.Supp. 384 (1988)

Domingo ROSARIO, a/k/a Domingo Osorio, Petitioner, v. Charles SCULLY, Superintendent, Green Haven Correctional Facility, Respondent.

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

February 10, 1988.

Attorney(s) appearing for the Case

Howard L. Jacobs, New York City, for petitioner.

Robert A. Morgenthau, Dist. Atty., New York County, New York City (Carol A. Remer-Smith, of counsel), for respondent.

OPINION

SWEET, District Judge.

Petitioner Domingo Rosario, a/k/a Domingo Osorio, ("Rosario") has petitioned for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. The petition was referred to United States Magistrate James C. Francis, IV, who filed the attached Report and Recommendation with this court on October 30, 1987. In a letter to the court dated November 16, 1987, counsel for Rosario filed objections to the Magistrate's report which recommends...

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