Facen v. Cully

DECISION AND ORDER

VICTOR E. BIANCHINI, United States Magistrate Judge.

I. Introduction

Pro se petitioner Dorian J. Facen (“Facen” or “petitioner”) has filed a petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254 challenging a 1999 conviction and a 2008 conviction. See Petition (Docket No. 1). The parties have consented to disposition of this matter by a magistrate judge pursuant to 28 U.S.C. § 636(c)(1). (Docket No. 10).

II. Factual Background and Procedural History

A. The 1999 Conviction

In 1999, Facen pleaded guilty in Erie County Court to two counts of criminal possession of a…