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ESCALERA v. COOMBE

No. 1216, Docket 87-2123.

826 F.2d 185 (1987)

Robert ESCALERA, Plaintiff-Appellant, v. Philip COOMBE, Superintendent of Eastern Correctional Facility, Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided August 13, 1987.

Attorney(s) appearing for the Case

Peter J. Avenia, New York City (Gombiner & Avenia, New York City, of counsel), for plaintiff-appellant.

Leonard Joblove, Asst. Dist. Atty., Kings County, Brooklyn, N.Y. (Elizabeth Holtzman, Dist. Atty. for Kings County, Barbara D. Underwood, Asst. Dist. Atty., Kings County, Brooklyn, N.Y., of counsel), for defendant-appellee.

Before OAKES, MESKILL and PRATT, Circuit Judges.

MESKILL, Circuit Judge:

New York state prisoner Robert Escalera appeals from a judgment entered by the United States District Court for the Eastern District of New York, Glasser, J., dismissing his habeas corpus petition. The court determined that the petition presented substantial questions for appellate review and issued a certificate of probable cause in accordance with Fed.R.App.P. 22(b).

We hold that the nature and presentation of Escalera's state...

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