District Court, W.D. New York May 13, 1997, No. 96-CV-621H (McColly v. Brunelle)

DECISION AND ORDER

HECKMAN, United States Magistrate Judge.

*693The parties have consented pursuant to 28 U.S.C. § 636(c)1 to have the undersigned conduct any and all further proceedings in this petition for habeas corpus relief under 28 U.S.C. § 2254. Respondent has moved to dismiss the petition. For the following reasons, respondent’s motion is granted.