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McGANN v. STATE OF N.Y.

No. 761, Docket 88-2442.

870 F.2d 908 (1989)

Clarence Duke McGANN, a/k/a John French, Petitioner-Appellant, v. The STATE OF NEW YORK, Respondent-Appellee.

United States Court of Appeals, Second Circuit.

Decided March 23, 1989.

Attorney(s) appearing for the Case

Clarence Duke McGann, pro se.

Lisa M. Rubin, Bronx, N.Y. (Asst. Dist. Atty., Bronx County, Robert T. Johnson, Dist. Atty., Bronx County, Billie Manning, Asst. Dist. Atty., of counsel), for respondent-appellee.

Before FEINBERG, KEARSE and WINTER, Circuit Judges.

FEINBERG, Circuit Judge:

Clarence Duke McGann appeals from an order of the United States District Court for the Southern District of New York, Vincent L. Broderick, J., dated January 25, 1988, dismissing McGann's petition for a writ of habeas corpus. The district court approved and adopted the Report and Recommendation of Magistrate Joel J. Tyler, dated October 6, 1987, recommending that the court dismiss the petition due to appellant's unjustified failure to take...

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