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VIVAR v. SENKOWSKI

No. 03 CV 1355(SJ).

335 F.Supp.2d 344 (2004)

Wilson VIVAR, Petitioner, v. Daniel A. SENKOWSKI, Superintendent, Clinton Correctional Facility Respondent.

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

September 9, 2004.

Attorney(s) appearing for the Case

Wilson Vivar, Clinton Correctional Facility, Dannemora, for Pro se.

Charles J. Hynes, Kings County District Attorney, By Jodi Lynne Mandel, Assistant District Attorney, Brooklyn, NY, for Respondent.

MEMORANDUM AND ORDER

JOHNSON, Senior District Judge.

Petitioner Wilson Vivar (hereinafter, "Petitioner"), appearing pro se, has petitioned this Court for a writ of habeas corpus, pursuant to 28 U.S.C. § 2254 ("§ 2254"). For the reasons stated below, the petition for habeas corpus is GRANTED in part and DENIED in part.

BACKGROUND

Petitioner was involved in a shooting on August 29, 1999, in which Russell Moore (hereinafter...

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