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STUBBS v. LEONARDO

No. 1666, Docket 91-2494.

973 F.2d 167 (1992)

Donald E. STUBBS, Petitioner-Appellant, v. Arthur A. LEONARDO, Superintendent, Southport Correctional Facility, Respondent-Appellee.

United States Court of Appeals, Second Circuit.

Decided August 28, 1992.

Attorney(s) appearing for the Case

Richard L. Herzfeld, New York City, for petitioner-appellant.

David R. Huey, Sr. Asst. Dist. Atty., Goshen, N.Y. (Francis D. Phillips, II, Dist. Atty., on the brief), for respondent-appellee.

Before: NEWMAN, PRATT, and WALKER, Circuit Judges.

JON O. NEWMAN, Circuit Judge:

Donald E. Stubbs appeal from the September 13, 1991, judgment of the United States District Court for the Southern District of New York (Miriam Goldman Cedarbaum, Judge) denying his application for a writ of habeas corpus to challenge his 1981 conviction for second and third degree robbery. Stubbs contends that a nine-year delay in his state court appeal denied him due process of law and caused him prejudice by inducing him to forgo filing...

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