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DAVIS v. LANSING

No. 1427, Docket 88-2271.

851 F.2d 72 (1988)

Larry DAVIS, Petitioner-Appellant, v. Douglas T. LANSING, Warden, Metropolitan Correctional Center, and Richard J. Koehler, Commissioner of Corrections, City of New York, Respondents-Appellees.

United States Court of Appeals, Second Circuit.

Decided June 30, 1988.

Attorney(s) appearing for the Case

William M. Kunstler, New York City (Lynne Stewart, New York City, of counsel), for petitioner-appellant.

Peter D. Coddington, Asst. Dist. Atty., Bronx County, Bronx, N.Y. (Paul T. Gentile, Dist. Atty. for Bronx County, Bronx, N.Y., of counsel), for respondents-appellees.

Before OAKES, MESKILL and PIERCE, Circuit Judges.

MESKILL, Circuit Judge:

This is an expedited appeal from a judgment of the United States District Court for the Southern District of New York, Ward, J., dismissing the petition of appellant Larry Davis for a writ of habeas corpus under 28 U.S.C. § 2254 (1982). The district court assumed jurisdiction but concluded that it should not reach the merits of the petition under Younger v. Harris, 401 U.S. 37, 91 S.Ct. 746...

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