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CABRERA v. HERBERT

No. 00-CV-0964 B.

386 F.Supp.2d 137 (2004)

John CABRERA, Petitioner, v. Victor HERBERT, Superintendent, Attica Correctional Facility, Respondent.

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

January 14, 2004.

Attorney(s) appearing for the Case

Barbra A. Kavanaugh, New York State Attorney General's Office, Buffalo, NY, for Respondent.

John Cabrera, Collins, NY, pro se.

DECISION AND ORDER

BIANCHINI, United States Magistrate Judge.

I. INTRODUCTION

Petitioner John Cabrera, acting pro se, commenced this action seeking habeas corpus relief under 28 U.S.C. § 2254. Petitioner is an inmate at the Southport Correctional Facility. In 1997, he was convicted in a New York State court and sentenced to a term of imprisonment. He contends that his conviction was imposed...

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