Damato v. Murphy

RULING ON PETITION FOR WRIT OF HABEAS CORPUS AND PETITIONER’S MOTION FOR SUMMARY JUDGMENT

STEFAN R. UNDERHILL, District Judge.

Gary Damato is currently confined at the Garner Correctional Institution in Newtown, Connecticut. He brings this action for a writ of habeas corpus, pursuant to 28 U.S.C. § 2254, to challenge his 2004 conviction for inciting injury, attempt to assault a prosecutor and attempted murder. The respondent has filed a memorandum in opposition to the petition and Damato has filed a motion for summary judgment seeking the relief requested in his petition. For the reasons that…