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Allen v. Senkowski

Court properly refused to grant request for an adjournment to allow time to produce witness.

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Judge Mukasey

ALLEN v. SENKOWSKI Clarence Allen has filed two separate pro se petitions pursuant to 28 U.S.C. §2254 (2000), challenging his state court convictions for two separate rapes and related crimes. The first conviction, the subject of 97 Civ. 3296, grew out of a September 1990 encounter with a complainant identified as Ms. B¹ (the 1990 B case); the second, the subject of 97 Civ. 4412, arose from an August 1989 encounter with a complainant identified as Ms. H (the 1989 H case). The conviction in the 1990 B case preceded by about three months the conviction in the 1989 H case. Allen is serving concurrent terms of 12-1/2 to 25 years on the various convictions in the two cases. Magistrate Judge Eaton, to whom the case was referred, recommended in a Report and Recommendation (Report) dated July 18, 2000, that the convictions be sustained, the writ denied and the petitions dismissed. Familiarity with the Report is assumed for current purposes, and only so much of the factual background as is necessary to resolve Allens objections to the Report is set forth below.

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