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RODRIGUEZ v. SCULLY

No. 513, Docket No. 85-2241.

788 F.2d 62 (1986)

Jose Flores RODRIGUEZ, Petitioner-Appellant, v. Charles SCULLY, Superintendent of Green Haven Correctional Facility, Respondent-Appellee.

United States Court of Appeals, Second Circuit.

Decided April 9, 1986.

Attorney(s) appearing for the Case

David Samel, New York City (Philip L. Weinstein, New York City, on Brief), for petitioner-appellant.

Vida M. Alvy, Asst. Atty. Gen., New York City (Robert Abrams, Atty. Gen. of State of N.Y.; Robert Hermann, Sol. Gen.; Harvey M. Berman and Gerald J. Ryan, Asst. Atty. Gen., New York City, on Brief), for respondent-appellee.

Before TIMBERS, VAN GRAAFEILAND and NEWMAN, Circuit Judges.

VAN GRAAFEILAND, Circuit Judge:

Jose Flores Rodriguez appeals from an order of the United States District Court for the Southern District of New York, 634 F.Supp. 20 (Keenan, J.) denying his section 2254 application for a writ of habeas corpus. Because the district court correctly decided the case on the merits, we affirm. However, for reasons hereafter discussed, we believe the district court should not have reached the merits...

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