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ELLIS v. DRETKE

No. 05-CV-0597(VEB).

456 F.Supp.2d 421 (2006)

Daven Jon ELLIS, Petitioner, v. Douglas DRETKE, Director TDCJ-CID and Elliott Spitzer, New York State Attorney General, Respondents.

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

October 16, 2006.

Attorney(s) appearing for the Case

Daven Jon Ellis, Beeville, TX, pro se.

Patricia Fernandez, Attorney General's Office, Austin, TX, Susan C. Ministero, Erie County District Attorney's Office, Buffalo, NY, for Respondents.

DECISION AND ORDER

BIANCHINI, United States Magistrate Judge.

INTRODUCTION

On or about August 3, 2005, petitioner Daven Jon Ellis ("Ellis") filed a pro se petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254 challenging a conviction entered April 7, 1999, in New York State Supreme Court (Erie County) following a guilty plea to charges of third degree criminal possession of a weapon, fourth degree criminal possession of...

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