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EPPS v. COMMISSIONER OF CORRECTIONAL SERVICES

No. 846, Docket 93-2427.

13 F.3d 615 (1994)

Brett EPPS, Petitioner-Appellant, v. COMMISSIONER OF CORRECTIONAL SERVICES, Respondent-Appellee.

United States Court of Appeals, Second Circuit.

Decided January 11, 1994.

Attorney(s) appearing for the Case

Perry S. Reich, Lindenhurst, NY (Schapiro & Reich, Lindenhurst, NY, on the brief), for petitioner-appellant.

Paul Shechtman, Asst. Dist. Atty., New York City (Robert M. Morgenthau, Dist. Atty., New York City, on the brief), for respondent-appellee.

Before: NEWMAN, Chief Judge, OAKES and CARDAMONE, Circuit Judges.

JON O. NEWMAN, Chief Judge:

Brett Epps appeals from the June 24, 1993, judgment of the District Court for the Southern District of New York (Sonia Sotomayor, Judge) dismissing, on recommendation of Magistrate Judge Kathleen A. Roberts, his petition for habeas corpus to challenge his state court conviction. He alleged that the prosecutor used peremptory challenges in a racially discriminatory manner. The District Court ruled that Epps's claim had been procedurally...

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