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BALKMAN v. POOLE

No. 06-CV-6120(VEB).

725 F.Supp.2d 370 (2010)

Keith BALKMAN, Petitioner, v. POOLE, Superintendent, Respondent.

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

July 22, 2010.

Attorney(s) appearing for the Case

Keith Balkman, Elmira, NY, pro se.

Nancy A. Gilligan, Michael J. Nolan, Monroe County District Attorney, Rochester, NY, for Respondent.

DECISION AND ORDER

VICTOR E. BIANCHINI, United States Magistrate Judge.

I. Introduction

Pro se petitioner Keith Balkman ("Balkman" or "petitioner") has filed a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254 challenging his state custody pursuant to a judgment of conviction following a jury trial on one count of second degree (intentional) murder, for which he was sentenced on April 17, 1998, to an indeterminate term...

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