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HARRIS v. FISCHER

No. 10-795-cv.

ANTONIO HARRIS, Petitioner-Appellant, v. BRIAN FISCHER, WARDEN, Respondent-Appellee.

United States Court of Appeals, Second Circuit.

September 9, 2011.

Attorney(s) appearing for the Case

ANDREW M. ST. LAURENT , Harris, Cutler & Houghteling LLP, New York, New York for Petitioner-Appellant.

DONNA A. MILLING , Assistant District Attorney, for Frank A. Sedita, III, District Attorney of Erie County, Buffalo, New York for Respondent-Appellee.

PRESENT: DENNY CHIN, RAYMOND J. LOHIER, JR., Circuit Judges EDWARD R. KORMAN, District Judge.

SUMMARY ORDER

Appellant Antonio Harris appeals from a judgment of the district court, dated February 19, 2010, denying his petition for a writ of habeas pursuant to 28 U.S.C. § 2254. On August 7, 1998, Harris and two others attempted to collect a debt from Michael Organek, during which one of Harris's companions stabbed Organek in the eye with a hollow metal rod, resulting in his death four days later. In January 1999, Harris was charged...

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