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MOXLEY v. BENNETT

No. 97-CV-0890E(F).

291 F.Supp.2d 212 (2003)

Xavier MOXLEY 98-B-3097, Petitioner, v. Floyd BENNETT, Superintendent of Elmira Correctional Facility, Respondent.

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

August 27, 2003.

Attorney(s) appearing for the Case

Xavier Moxley, Elmira Correctional Facility, Elmira, NY, Pro Se.

Howard R. Relin, District Attorney, Monroe County, Wendy Evans Lehman, Assistant District Attorney, of Counsel, Rochester, NY, for Respondent.

MEMORANDUM and ORDER1

ELFVIN, District Judge.

On November 17, 1997 Xavier Moxley petitioned for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. The undersigned referred the matter to Magistrate Judge Leslie G. Foschio pursuant to 28 U.S.C. § 636(b)(1)(B) for consideration of the merits and legal issues raised by Moxley in his application for post-conviction relief. Judge Foschio filed his Report and Recommendation...

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