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SANDERS v. SULLIVAN

No. 85 Civ. 4014(CBM).

701 F.Supp. 1008 (1988)

Walter SANDERS, Petitioner, v. James E. SULLIVAN, Respondent.

United States District Court, S.D. New York.

April 29, 1988.

Attorney(s) appearing for the Case

Henry Putzel, III, Obermaier, Morvillo & Abromowitz, P.C. by Alan J. Brudner, New York City, for petitioner Walter Sanders.

Robert M. Morgenthau, Dist. Atty., New York County by Marc Frazier Scholl, Robert M. Raciti, New York City, for respondent James E. Sullivan.

OPINION

MOTLEY, District Judge.

By opinion and accompanying order filed January 8, 1988, this court denied petitioner's motion for a writ of habeas corpus pursuant to 28 U.S.C. § 2254(a) (1982). Counsel for petitioner filed a notice of appeal in the Court of Appeals for the Second Circuit on February 8, 1988, and now request, by letter dated March 18, 1988, that this court permit the appeal to proceed by

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