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KESSNER v. DUPRAS

No. 92-CV-504E(H).

826 F.Supp. 657 (1993)

Scott A. KESSNER, Petitioner, v. William DUPRAS, Acting Superintendent of the Cayuga Correctional Facility, Respondent.

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

June 7, 1993.

Attorney(s) appearing for the Case

Leslie Mark Greenbaum, Gross, Shuman, Brizdle & Gilfillian, P.C., Buffalo, NY, for petitioner.

Kevin M. Dillon, Erie County Dist. Atty., Eleanor T. Kubiniec, Asst. Dist. Atty., Buffalo, NY, for respondent.

DECISION AND ORDER

HECKMAN, United States Magistrate Judge.

This petition for habeas corpus relief under 28 U.S.C. § 2254 was referred to the undersigned by Hon. John T. Elfvin pursuant to 28 U.S.C. § 636(c), upon consent of the parties, for all further proceedings in the case and entry of judgment. For the following reasons, the petition is dismissed in its entirety.

FACTS

On November 30, 1990, Petitioner was arraigned...

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