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GOINES v. WALKER

No. 97-CV-3512(FB).

54 F.Supp.2d 153 (1999)

Anthony GOINES, Petitioner, v. Hans WALKER, Superintendent of Auburn Correctional Facility, and Glenn Goord, Commissioner of New York State Department of Correctional Services, Respondents.

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

June 3, 1999.

Attorney(s) appearing for the Case

Anthony Goines, Marcy, NY, for petitioner.

Eliot Spitzer, Attorney General of the State of New York by Valerie Singleton, Steven L. Banks, Assistant Attorneys General, New York City, for respondents.

MEMORANDUM AND ORDER

BLOCK, District Judge.

By petition dated June 2, 1997, Anthony Goines ("Goines") seeks a writ of habeas corpus pursuant to 28 U.S.C. § 2254. For the reasons stated below, the petition is dismissed, without prejudice.

BACKGROUND

Petitioner was charged with one count of Criminal Sale of a Controlled Substance in the Third Degree ("Sale, Third Degree"), one count of Criminal Possession of a Controlled...

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