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GIMENEZ v. LEONARDO

No. CV 88-1868.

702 F.Supp. 43 (1988)

Edwin GIMENEZ, Petitioner, v. Mr. LEONARDO, Superintendent, et al., Respondents.

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

December 15, 1988.

Attorney(s) appearing for the Case

Edwin Gimenez, Comstock, N.Y., pro se.

Patrick Henry, Suffolk County Dist. Atty. by Glenn Green, Riverhead, N.Y., for respondents.

MEMORANDUM AND ORDER

WEXLER, District Judge.

Petitioner Edwin Gimenez ("Petitioner" or "Gimenez") seeks a writ of habeas corpus releasing him from state custody. Although the pro se petition and memorandum of law cite various constitutional provisions, a fair reading of the papers reveals that Petitioner's claim is that the state court's delay in handling Petitioner's appeal has resulted in a denial of Petitioner's constitutional right to due process...

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