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BARNEY v. CONWAY

No. 03-CV-0758(VEB).

730 F.Supp.2d 264 (2010)

Steven BARNEY, Petitioner, v. James T. CONWAY, Superintendent, Attica Correctional Facility, Respondent.

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

August 6, 2010.

Attorney(s) appearing for the Case

Steven Barney Elmira, NY, for Petitioner.

Donna A. Milling, Erie County District Attorney's Office, Buffalo, NY, for Respondent.

DECISION AND ORDER

VICTOR E. BIANCHINI, United States Magistrate Judge.

I. BACKGROUND

Pro se petitioner Steven Barney ("Barney" or "petitioner") has filed a petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. Barney originally was charged on September 25, 1998, in Erie County in a two-count indictment with second degree (intentional) murder and third degree criminal possession of a weapon based upon allegations that he...

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