Miller v. Fennessey

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF NEW YORK MELVIN H. MILLER, DECISION AND ORDER Petitioner, 1:20-CV-00354 EAW v. SUPERINTENDENT FENNESSEY, Respondent. I. INTRODUCTION Pro se petitioner Melvin H. Miller (“Petitioner”) filed this petition for a writ of habeas corpus pursuant to

28 U.S.C. § 2254

while he was in Respondent’s custody.1 (Dkt. 1). Petitioner challenges the constitutionality of the judgment entered against him on July 28, 2016, in New York State, Wyoming County Court (Mohun, J.), following a nonjury verdict convicting him of, among other offenses, second-degree burglary…