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LINNEN v. POOLE

No. 05-CV-6484(VEB).

766 F.Supp.2d 427 (2011)

Anthony M. LINNEN, Petitioner, v. Thomas POOLE, Respondent.

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

February 4, 2011.

Attorney(s) appearing for the Case

Anthony H. Linnen, Romulus, NY, pro se.

J. Michael Marion, Erie County District Attorney's Office, Buffalo, NY, for Respondent.

DECISION AND ORDER

VICTOR E. BIANCHINI, United States Magistrate Judge.

INTRODUCTION

Pro se petitioner Anthony M. Linnen ("Linnen" or "petitioner") has filed a petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254 in this Court. Linnen challenges the constitutionality of his state custody pursuant to a judgment convicting him, after a jury trial in Erie County Court of New York State Supreme Court, of one count of second...

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