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BAKER v. KIRKPATRICK

No. 07-CV-6446(VEB).

768 F.Supp.2d 493 (2011)

Kenneth BAKER, Petitioner, v. Robert KIRKPATRICK, Respondent.

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

March 8, 2011.

Attorney(s) appearing for the Case

Kenneth Baker, Alden, NY, pro se.

Patrick H. Fierro, Wendy Evans Lehmann, Rochester, NY, for Respondent.

DECISION AND ORDER

VICTOR E. BIANCHINI, United States Magistrate Judge.

I. Introduction

Proceeding pro se, Kenneth Baker ("Baker" 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 in New York State Supreme Court (Monroe County) on charges of murder in the second degree (New York Penal Law ("P.L.") §...

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