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McBEE v. BURGE

No. 05-cv-4752 (DLI)(LB).

644 F.Supp.2d 270 (2009)

Jerry McBEE, Petitioner, v. John BURGE, Superintendent, Auburn Correctional Facility, Respondent.

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

July 24, 2009.

Attorney(s) appearing for the Case

Ursula Bentele, Brooklyn Law School, Brooklyn, NY, for Petitioner.

Howard Barry Goodman, Joyce Slevin, Kings County District Attorney Office, Brooklyn, NY, for Respondent.

MEMORANDUM & ORDER ADOPTING REPORT & RECOMMENDATION

DORA L. IRIZARRY, District Judge:

Petitioner Jerry McBee objects to the February 12, 2009 Report and Recommendation of United States Magistrate Judge Lois Bloom ("R & R"),1 which recommended that his petition for a writ of habeas corpus under 28 U.S.C. § 2254 be denied, but that a certificate of appealability issue. The Magistrate Judge agreed with the...

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