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DIAZ v. HENDERSON

No. 1258, Docket 89-2412.

905 F.2d 652 (1990)

Meliano DIAZ, Petitioner-Appellant, v. Robert HENDERSON, Superintendent, Auburn Correctional Facility, Respondent-Appellee.

United States Court of Appeals, Second Circuit.

Decided June 7, 1990.

Attorney(s) appearing for the Case

Arza Rayches Feldman, Hauppauge, N.Y., for petitioner-appellant.

Pamela L. Milgrim, Brooklyn, N.Y., Asst. Dist. Atty., Kings County (Charles J. Hynes, Dist. Atty., Kings County, Jay Cohen, Asst. Dist. Atty., of counsel), for respondent-appellee.

Before OAKES, PIERCE, and PRATT, Circuit Judges.

GEORGE C. PRATT, Circuit Judge:

Meliano Diaz, a New York State prisoner, appeals from a judgment dismissing his petition for a writ of habeas corpus, 28 U.S.C. § 2254, in which he claimed that the state's seven-year delay in hearing his appeal violated his due process rights. The United States District Court for the Eastern District of New York, Jack B. Weinstein, Judge, dismissed the petition. Because Diaz's state appeal had been heard and affirmed before...

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