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McCLELLAND v. KIRKPATRICK

No. 08-CV-0683(VEB).

778 F.Supp.2d 316 (2011)

Carl McCLELLAND, Petitioner, v. Robert KIRKPATRICK, Superintendent, Wende Correctional Facility, Respondent.

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

April 21, 2011.

Attorney(s) appearing for the Case

Carl McClelland, Alden, NY, pro se.

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

DECISION AND ORDER

VICTOR E. BIANCHINI, Magistrate Judge.

I. Introduction

Pro se petitioner Carl McClelland ("McClelland" or "Petitioner") has filed a petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254 challenging the constitutionality of his custody following a judgment of conviction entered against him in Erie County Court, after a jury trial, on charges of second degree burglary, fifth degree criminal possession of...

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