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VICARETTI v. HENDERSON

No. 965, Docket 79-2186.

645 F.2d 100 (1980)

Frank A. VICARETTI, Jr., Petitioner-Appellant, v. Robert J. HENDERSON, Superintendent, Auburn Correctional Facility, Respondent-Appellee, and Lawrence T. Kurlander, Intervenor-Appellee.

United States Court of Appeals, Second Circuit.

Decided July 21, 1980.

On Motion for Rehearing April 2, 1981.

NEWMAN, Circuit Judge:

This motion for rehearing calls into question the propriety of this Court's occasional practice of limiting the grounds of an appeal to one or more specified issues when issuing a certificate of probable cause to permit appeal from denial of a state prisoner's petition for habeas corpus. 28 U.S.C. § 2253 (1976). Appellant's pro se petition for habeas corpus relief to challenge his state court conviction for first degree rape was...

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