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PEPPARD v. FISCHER

No. 06-CV-0729(VEB).

739 F.Supp.2d 303 (2010)

James W. PEPPARD, Petitioner, v. Supt. Brian FISCHER, Respondent.

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

September 21, 2010.

Attorney(s) appearing for the Case

James W. Peppard, Ossining, NY, pro se.

Loretta S. Courtney, Rochester, NY, for Respondent.

DECISION AND ORDER

VICTOR E. BIANCHINI, United States Magistrate Judge.

I. Background

Pro se petitioner James W. Peppard ("Peppard" or "petitioner") has filed a petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254 challenging the constitutionality of his state court custody. Peppard is serving a 12-year determinate sentence, with a five-year term of mandatory post-release supervision, pursuant to a judgment of conviction...

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