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JIMENEZ v. MILLER

No. 95-CV-1659 (RSP/DNH).

950 F.Supp. 489 (1997)

Philip A. JIMENEZ, aka Philip A. Taylor, Petitioner, v. David MILLER, Superintendent, Respondent.

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

January 24, 1997.

Attorney(s) appearing for the Case

Philip A. Jimenez, Napanoch, NY, pro se.

Dennis C. Vacco, Attorney General, Department of Law, Albany, NY (Terrence X. Tracy, Assistant Attorney General, of counsel), for Respondent.

ORDER

POOLER, District Judge.

The above matter comes to me following a report-recommendation by Magistrate Judge David N. Hurd, duly filed on the 22nd day of August, 1996. Following ten days from the service thereof, the Clerk has sent me the entire file, including any and all objections filed by the parties herein. Petitioner Philip A. Jimenez filed objections.

In August of 1983, Jimenez was indicted in Onondaga County, New York, on charges...

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