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MERCER v. HERBERT

No. 96-CV-566A.

133 F.Supp.2d 219 (2001)

James R. MERCER, Petitioner, v. Victor T. HERBERT, Superintendent, Respondent.

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

February 27, 2001.

Attorney(s) appearing for the Case

Melissa Hancock Nickson, Buffalo, NY, for petitioner.

Eliot L. Spitzer, Attorney General, State of New York, Barbra A. Kavanaug, Assistant Attorney General in Charge, of Counsel, Buffalo, NY, for respondent.

ORDER

ARCARA, District Judge.

This case was referred to Magistrate Judge Leslie G. Foschio pursuant to 28 U.S.C. § 636(b)(1), on February 14, 1997. On May 6, 1999, Magistrate Judge Foschio issued a Report and Recommendation recommending that the petition be dismissed. On September 29, 1999, this Court re-referred the case to Magistrate Judge Foschio for further consideration in light of a recent Second Circuit decision decided on June 4, 1999, on a...

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