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PEREZ v. SMITH

No. 06-CV-0492 (ENV).

791 F.Supp.2d 291 (2011)

Dimas PEREZ, Petitioner, v. Joseph SMITH, Superintendent, Shawangunk Correctional Facility, Respondent.

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

June 6, 2011.

Attorney(s) appearing for the Case

Dimas Perez, Wallkill, NY, pro se.

Kings County District Attorneys Office, Brooklyn, NY, for Respondent.

MEMORANDUM & ORDER

VITALIANO, District Judge.

Pro se petitioner Dimas Perez is before the Court on his petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. For the reasons set forth below, the writ is denied and Perez's habeas petition is dismissed.

I. BACKGROUND

On December 12, 1997, Robinson Robule and Mariano Gaton were fatally shot at a small grocery store located in East...

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