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HERINGTON v. POOLE

No. 06-CV-6079.

TIMOTHY P. HERINGTON, Petitioner, v. THOMAS M. POOLE, Superintendent, Five Points Correctional Facility, Respondent.

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

December 4, 2009.

DECISION AND ORDER

MICHAEL A. TELESCA, District Judge.

I. INTRODUCTION

Pro se petitioner Timothy P. Herington ("Herington" or "Petitioner") filed a timely petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. Petitioner challenges the constitutionality of his custody following his conviction in New York State County Court, County of Livingston, after a jury trial, on eight counts of sodomy in the second degree (New York Penal...

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