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COOK v. NEW YORK STATE DIV. OF PAROLE

Docket No. 00-2642.

321 F.3d 274 (2003)

Alonzo COOK, Petitioner-Appellant, v. NEW YORK STATE DIVISION OF PAROLE, and New York State Board of Parole, Respondents-Appellees.

United States Court of Appeals, Second Circuit.

Decided: February 25, 2003.

Attorney(s) appearing for the Case

Georgia J. Hinde, Law Office of Georgia J. Hinde, New York, New York, for Petitioner-Appellant.

Eric A. Johnson, Assistant Solicitor General (Eliot Spitzer, Attorney General of the State of New York, Caitlin J. Halligan, Solicitor General, Robin A. Forshaw, Assistant Solicitor General, of counsel), Albany, New York, for Respondents-Appellees.

Before: MESKILL and SACK, Circuit Judges, and MURTHA, District Judge.

SACK, Circuit Judge.

This is an appeal from an order of the United States District Court for the Eastern District of New York (David G. Trager, Judge) construing petitioner Alzonzo Cook's pro se 28 U.S.C. § 2241 petition as a 28 U.S.C. § 2254 application and dismissing it as time-barred pursuant to 28 U.S.C. § 2244(d)(1). Construing Cook's notice of appeal as a motion for a certificate of appealability, we granted the certificate limited...

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