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GIBRIANO v. AG OF NEW YORK

May 22, 1997

FRANK GIBRIANO, Petitioner, against ATTORNEY GENERAL OF THE STATE OF NEW YORK, ET AL., Respondents.

Petition for a Writ of Habeas Corpus pursuant to T. 28 U.S.C. 2254, having been submitted to the Honorable John E. Sprizzo, United States District Judge, and the matter having been referred to the Honorable Andrew J. Peck, United States Magistrate Judge, who having his Report and Recommendation granting petitioners' request to add that claim but recommending that the petition be denied without prejudice, and the Court thereafter on May 16, 1997, having rendered its Order adopting Magistrate Judge Peck's Report denying Frank Gibriano's petition for a Writ of Habeas Corpus, denying petitioner's application for default judgment, denying petitioner's request that the court subpoena certain records, and dismissing the above action without prejudice, it is,

ORDERED, ADJUDGED AND DECREED: That the petition for a Writ of Habeas Corpus be and it is hereby denied without prejudice, petitioner's application for default judgment, and for the Court to subpoena records is also denied for the reasons stated in the Court's Order dated May 16, 1997.

 DATED: New York, New York

 May 22, 1997

19970522

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