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GALVIN v. KELLY

No. 97-CV-0160E(F).

79 F.Supp.2d 265 (2000)

Ricky GALVIN, Petitioner, v. Walter KELLY, Superintendent, Attica Correctional Facility, Respondent.

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

January 7, 2000.

Attorney(s) appearing for the Case

Ricky Galvin, Attica, NY, pro se.

Eliot L. Spitzer, Attorney General, State of New York, Jerry McGreir, Sr., Assistant Attorney General, of counsel, Buffalo, NY, for respondent.

MEMORANDUM and ORDER

ELFVIN, Senior District Judge.

By order dated August 6, 1997, the undersigned referred this action to United States Magistrate Judge Leslie G. Foschio pursuant to 28 U.S.C. § 636(b)(1)(B). Upon consideration thereof Judge Foschio filed a Report and Recommendation ("the R & R") May 18, 1999 recommending dismissal of the pro se Petition by Galvin brought under 28 U.S.C. § 2254 for a writ of habeas corpus. Presently before...

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