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MELENDEZ v. KIRKPATRICK

No. 06-CV-6416(VEB).

742 F.Supp.2d 336 (2010)

Antonio MELENDEZ, Petitioner, v. Robert A. KIRKPATRICK, Respondent.

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

October 8, 2010.

Attorney(s) appearing for the Case

Antonio Melendez, Alden, NY, pro se.

Stephen X. O'Brien, Monroe County District Attorney, Rochester, NY, for Respondent.

DECISION AND ORDER

VICTOR E. BIANCHINI, United States Magistrate Judge.

I. Background

By a petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254, pro se petitioner Antonio Melendez ("Melendez" or "petitioner") has challenged the constitutionality of his state custody pursuant to a 2002 judgment of conviction on charges of depraved indifference murder and weapons possession charges. The parties have consented to disposition...

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