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CHANDLER v. MOSCICKI

No. 00-CV-276F.

253 F.Supp.2d 478 (2003)

Herbert CHANDLER, 98-B-0758, Petitioner, v. Ronald W. MOSCICKI, Respondent.

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

March 10, 2003.

Attorney(s) appearing for the Case

Herbert Chandler, Pro Se, Clinton Correctional Facility, Dannemora.

Frank J. Clark, III, District Attorney, Erie County, Joseph L. Kilbridge, Assistant District Attorney, of Counsel, Buffalo, for Respondent.

DECISION and ORDER

FOSCHIO, United States Magistrate Judge.

JURISDICTION

Petitioner, pro se, commenced this action seeking habeas relief, pursuant to 28 U.S.C. § 2254, on March 29, 2000. The parties consented to proceed before the Magistrate Judge.

BACKGROUND

Petitioner ("Chandler") was charged in an indictment by an Erie County grand jury on April 18, 1997 with one count of burglary in the second degree...

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