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RODRIGUEZ v. SUPERINTENDENT, COLLINS CORRECTIONAL

No. 9:04-CV-1137 (DNH).

549 F.Supp.2d 226 (2008)

Rafael RODRIGUEZ, Petitioner, v. SUPERINTENDENT, COLLINS CORRECTIONAL FACILITY, Respondent.

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

April 28, 2008.

Attorney(s) appearing for the Case

Rafael Rodriguez, Sonyea, NY, pro se.

Hon. Andrew M. Cuomo, Office of the Attorney General, Michael G. McCartin, Esq., Ass't Attorney General, Albany, NY, for Respondent.

MEMORANDUM-DECISION and ORDER

DAVID N. HURD, District Judge.

I. Background

A. State Court Proceedings

According to the testimony adduced at trial, on or about January 4, 1997, Maria Ortiz ("Ortiz") was the girlfriend of the petitioner, Rafael Rodriguez ("Rodriguez" or "petitioner"). Dkt. No. 12, Ex. 1, Transcript of Trial of Rafael Rodriguez ("Trial Tr."), at 289-90. Ortiz left the home they shared to...

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