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DUMAS v. KELLY

No. 97-CV-2210(JG).

105 F.Supp.2d 66 (2000)

Roy DUMAS, Petitioner, v. Walter KELLY, Superintendent, Attica Correctional Facility, Respondent.

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

June 6, 2000.

Attorney(s) appearing for the Case

Philip R. Edelbaum, New York City, for petitioner.

Richard A. Brown, District Attorney, Queens County, Kew Gardens, NY by John M. Castellano, Peter Mason, Assistant District Attorneys, for respondent.

MEMORANDUM AND ORDER

GLEESON, District Judge.

Roy Dumas has filed a petition for a writ of habeas corpus, see 28 U.S.C. § 2254, contending that his counsel was constitutionally ineffective for failing to file a notice of appeal. Finding that Dumas has failed to exhaust this claim in state court, I dismiss the petition.

BACKGROUND

In April 1983, Roy Dumas was convicted after a jury trial of one count of murder in...

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