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RESTREPO v. KELLY

Docket No. 97-2944.

178 F.3d 634 (1999)

Humberto E. RESTREPO, Petitioner-Appellant, v. Walter R. KELLY, Respondent-Appellee.

United States Court of Appeals, Second Circuit.

Decided June 2, 1999.

Attorney(s) appearing for the Case

Marjorie M. Smith, Tappan, New York (Englander & Smith, Tappan, New York, on the brief ), for Petitioner-Appellant.

Joseph M. Latino, Assistant District Attorney, White Plains, New York (Jeanine Pirro, District Attorney of Westchester County, Richard E. Weill, Second Deputy District Attorney, White Plains, New York, on the brief), for Respondent-Appellee.

Before: KEARSE, McLAUGHLIN, and CALABRESI, Circuit Judges.

KEARSE, Circuit Judge:

Petitioner Humberto E. Restrepo, a New York State ("State") prisoner, appeals from a final judgment of the United States District Court for the Southern District of New York, Barbara S. Jones, Judge, dismissing his petition under 28 U.S.C. § 2254 for a writ of habeas corpus on the ground that the attorney representing him in his criminal case failed, despite requests and inquiries by Restrepo, to file a notice of appeal from the...

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