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GILLIS v. EDWARDS

No. 9:02 CV 0913 NPM.

445 F.Supp.2d 221 (2006)

Keith GILLIS, Petitioner, v. Ernest EDWARDS, Superintendent, Otisville Correctional Facility Respondent.

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

August 10, 2006.

Attorney(s) appearing for the Case

Keith Gillis, Petitioner, Pro Se, Fishkill Correctional Facility, Beacon, for the Petitioner.

Hon. Eliot Spitzer, Office of Attorney General, State of New York, The Capitol, Albany, Gerald J. Rock, Esq., Jeanette Morick, Esq., Assistant Attorneys General, for the Respondent.

MEMORANDUM-DECISION AND ORDER

MCCURN, Senior District Judge.

I. Background

A. State Court Proceedings

According to the testimony adduced at trial, at approximately 8:30 p.m. on July 7, 1995, Juanita Gillis ("J.Gillis"), who at that time was the wife of petitioner, pro se Keith Gillis, noticed smoke coming from what she believed to be...

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