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PAGAN v. KEANE

No. 474, Docket 92-2403.

984 F.2d 61 (1993)

Johnny PAGAN, Petitioner-Appellant, v. John P. KEANE, Superintendent, Sing Sing Correctional Facility, Respondent-Appellee.

United States Court of Appeals, Second Circuit.

Decided January 19, 1993.

Attorney(s) appearing for the Case

E. Joshua Rosenkranz, New York City, for petitioner-appellant.

Jeanne A. Olivo, Asst. Dist. Atty., New York City (Robert M. Morgenthau, Dist. Atty., Norman Barclay, Asst. Dist. Atty., New York City, on the brief), for respondent-appellee.

Before: NEWMAN, CARDAMONE, and MAHONEY, Circuit Judges.

JON O. NEWMAN, Circuit Judge:

This habeas corpus appeal concerns primarily the discretion of a district court to hold an evidentiary hearing concerning a petitioner's factual allegation that he was deprived of a constitutional right. The issue arises on the appeal of Johnny Pagan from the May 28, 1992, judgment of the United States District Court for the Southern District of New York (Kevin Thomas Duffy, Judge) dismissing, without a hearing, his habeas petition challenging...

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