Nazario v. Miller

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK ROBERT NAZARIO, ORDER Petitioner, 15 Civ. 2892 (PGG) -against- CHRISTOPHER MILLER, Respondent. PAUL G. GARDEPHE, U.S.D.J.: On April 7, 2015, pro se Petitioner Robert Nazario filed a petition for habeas corpus pursuant to 28 U.S.C. § 2254, seeking to vacate his New York State conviction for murder in the second degree. (Pet. (Dkt. No. 1)) On June 10, 2015, this Court referred the petition to Magistrate Judge Sarah Netburn for a Report and Recommendation (“R & R”). (See Order (Dkt. No. 5)) On December 28, 2015, Judge Netburn issued an R…