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WALKER v. MILLER

No. 96 Civil 3429 (LMM) (AJP).

959 F.Supp. 638 (1997)

Vincent WALKER, Petitioner, v. David MILLER, Respondent.

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

March 24, 1997.

Attorney(s) appearing for the Case

Vincent Walker, Eastern NY Correctional Facility, Napanoch, NY, pro se.

Sheryl Feldman, Asst. Dist. Atty., NY County, New York City, for Defendant.

MEMORANDUM AND ORDER

McKENNA, District Judge.

Upon consideration of the Report and Recommendation of Magistrate Judge Peck dated March 11, 1997, and petitioner's Objection in Reply to Report [and] Recommendation dated March 17, 1997 (asking that the petition be dismissed without prejudice for failure to exhaust all state remedies), the mixed petition is dismissed, without prejudice.

SO ORDERED.

REPORT AND RECOMMENDATION

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