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GARCIA v. PORTUONDO

No. 02 Civ.2312 LAK.

334 F.Supp.2d 446 (2004)

Jose GARCIA, Petitioner, v. Leonard PORTUONDO, etc., et al., Respondents.

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

September 13, 2004.

Attorney(s) appearing for the Case

Jose Garcia, Petitioner pro se.

Nancy D. Killian, Assistant District Attorney, Robert T. Johnson, District Attorney for Bronx County, for Respondents.

MEMORANDUM OPINION

KAPLAN, District Judge.

Petitioner Jose Garcia is before this Court on a pro se petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. He argues that his constitutional rights were violated by the failure of the government to turn over Brady materials and by ineffective assistance of counsel. Respondents have moved to dismiss the petition as untimely. Petitioner does not dispute that his petition was filed...

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