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CRISPINO v. ALLARD

No. 04 CIV. 0343(RWS).

378 F.Supp.2d 393 (2005)

Domenick CRISPINO, Petitioner, v. Michael J. ALLARD, Superintendent of Franklin Correctional Facility, Respondent.

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

July 21, 2005.

Attorney(s) appearing for the Case

Domenick Crispino, Malone, NY, Petitioner Pro se.

Eliot Spitzer, Attorney General of the State of New York by Luke Martland, Esq., Assistant Attorney General, New York City, for Respondent.

OPINION

SWEET, District Judge.

Domenick Crispino ("Crispino" or the "Petitioner"), appearing pro se, has petitioned for a writ of habeas corpus pursuant to 28 U.S.C. § 2254 alleging that he is being held in state custody in violation of his constitutional rights. The respondent Michael J. Allard, Superintendent of Franklin Correctional Facility (the "Superintendent" or the "State") has opposed the petition. For the reasons set forth below...

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