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GROTTO v. HERBERT

No. 98-CV-627.

203 F.Supp.2d 142 (2002)

Louis GROTTO, Petitioner, v. Victor HERBERT, Superintendent, Collins Correctional Facility, Respondent.

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

May 1, 2002.

Attorney(s) appearing for the Case

Gurda, Gurda & Smith, Middletown, NY (Alex Smith, of counsel), Robert N. Isseks, Middletown, NY, for petitioner.

Eliot Spitzer, Attorney General of the State of New York (Sean M. Seely, of counsel) for respondent.

MEMORANDUM-DECISION AND ORDER

HURD, District Judge.

I. INTRODUCTION

On April 20, 1998, petitioner Louis Grotto ("petitioner" or "Grotto") filed a petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. On January 24, 2001, United States Magistrate Judge Gary L. Sharpe filed a Report-Recommendation which recommended dismissal of the petition. Petitioner filed objections to the Report-Recommendation on February...

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