PENICK v. FILION

No. 97-CV-5527.

144 F.Supp.2d 145 (2001)

Sean PENICK, Petitioner, v. Gary FILION, Respondent.

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

April 2, 2001.


Attorney(s) appearing for the Case

Mitchell J. Briskey, New York City, for Petitioner.

Camille O'Hara Gillespie, District Attorney of Kings County, Brooklyn, NY, for Respondents.


ORDER

GERSHON, District Judge.

Petitioner Sean Penick's petition for a writ of habeas corpus was referred to the Honorable Roanne L. Mann, United States Magistrate Judge, who held an evidentiary hearing and issued a Report and Recommendation dated October 5, 2000 recommending denial of the petition. Petitioner has objected to the Report which is, therefore, reviewed de novo.

It is unnecessary to address petitioner's constitutional argument...

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