RULING ON MOTION FOR SUMMARY JUDGMENT
EGINTON, Senior District Judge.
Respondent, the Commissioner of Correction, has moved for summary judgment pursuant to Fed.R.Civ.P. 56 on the grounds that count one of the petition fails to state a claim upon which relief can be granted and that there exists an adequate and independent state law ground precluding federal habeas corpus review of count two. For the reasons set forth below, the motion for summary judgment...
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