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MANCUSO v. HERBERT

Docket No. 97-3644.

166 F.3d 97 (1999)

Alfred MANCUSO, Petitioner-Appellant, v. Victor HERBERT, Superintendent, Collins Correctional Facility, Respondent-Appellee.

United States Court of Appeals, Second Circuit.

January 25, 1999.

Attorney(s) appearing for the Case

William B. Carney, The Legal Aid Society, New York, New York, for Petitioner-Appellant.

Caroline R. Donhauser, Assistant District Attorney for Kings County, Brooklyn, New York, for Respondent-Appellee.

Before: WINTER, Chief Judge, PARKER, Circuit Judge, and SCHWARZER, District Judge.

WINTER, Chief Judge:

This motion asks us to reconsider our July 7, 1998 order recalling the mandate in this matter and granting Alfred Mancuso's motion to remand his 28 U.S.C. § 2254 habeas corpus petition to the district court. Through a procedural mix-up, appellee ("the state") was not given an opportunity to respond to petitioner's motion for recall. It now argues that our order granting the motion for recall in light of the Supreme Court's recent decision...

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