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VICTORIAL v. BURGE

No. 05 Civ. 6977 VM.

477 F.Supp.2d 652 (2007)

Alfredo VICTORIAL, Petitioner, v. John BURGE, Superintendent, Auburn Correctional Facility, Respondent.

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

March 13, 2007.

Attorney(s) appearing for the Case

Alfredo Victoria, Pine City, Petitioner, Pro se.

Jean Soo Park, Lead Attorney, Office of the District Attorney, Bronx County, Bronx, NY, for Respondent.

DECISION AND ORDER

MARRERO, District Judge.

On July 19, 2005, pro se petitioner Alfredo Victorial ("Victorial") filed an application for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. On January 27, 2006, the Court ordered that the respondent John Burge ("Burge") file a response to the petition no later than March 15, 2006. On that date, Burge filed a motion to dismiss the petition pursuant to Federal Rule of Civil Procedure 12(b)(6) and...

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