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NICHOLS v. KELLY

No. 95-CV-6033.

923 F.Supp. 420 (1996)

Donald D. NICHOLS, Petitioner, v. Walter KELLY, Superintendent Attica Correctional Facility, Defendant.

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

May 1, 1996.

Attorney(s) appearing for the Case

Donald L. Nichols, Attica, NY, pro se.

Melvin Bressler, Harris and Chesworth, Rochester, NY, for respondent.

DECISION AND ORDER

LARIMER, Chief Judge.

Petitioner, Donald L. Nichols, brings this petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. Nichols is a prisoner at the Attica Correctional Facility ("Attica") where he is currently incarcerated for a 1988 murder and burglary conviction obtained in the Wayne County (New York) Court. For the reasons set forth below, his petition is dismissed.

BACKGROUND

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