MEMORANDUM & ORDER
DEARIE, Chief Judge.
On this application for a writ of habeas corpus under 28 U.S.C. § 2254 by petitioner Rashid Khan, the Court incorporates its Memorandum and Order in Haji v. Miller, 05-CV-2490 (RJD), ___ F.Supp.2d ___, 2008 WL 4723721 (October 24, 2008), also
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