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VALDEZ v. HULIHAN

No. 09 Civ. 1519(VM).

640 F.Supp.2d 514 (2009)

Ramon VALDEZ, Petitioner, v. William F. HULIHAN, Respondent.

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

August 5, 2009.

Attorney(s) appearing for the Case

Ramon Valdez, River Road Marcy, NY, pro se.

Leilani Julia Rodriguez, Office of the New York State Attorney General, Assistant Attorney General, New York, NY, for Respondent.

DECISION AND ORDER

VICTOR MARRERO, District Judge.

Pro se petitioner Ramon Valdez ("Valdez") seeks a writ of habeas corpus pursuant to 28 U.S.C. § 2254 ("§ 2254"). In opposition to Valdez's petition, respondent William F. Hulihan argues that Valdez was not "in custody" at the time he filed his petition, as required by § 2254.

After a jury found Valdez guilty of Grand Larceny in the Fourth Degree, in violation of New York Penal...

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