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CURTIS v. FISCHER

No. 02 CV 6226.

387 F.Supp.2d 218 (2005)

Richard CURTIS, Petitioner, v. Brian FISCHER, Superintendent, Respondent.

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

August 8, 2005.

Attorney(s) appearing for the Case

Richard Curtis, Sonyea, NY, pro se.

Gary M. Levine, New York State Office of the Attorney General, Rochester, NY, for Respondent.

DECISION AND ORDER

BIANCHINI, United States Magistrate Judge.

Petitioner, Richard Curtis ("Curtis"), filed this pro se petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254 challenging his 1999 conviction in Livingston County Court on burglary and other charges. Curtis alleges the following grounds for relief: (1) he was not present in court to controvert the second felony offender statement used to enhance his sentence, and therefore...

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