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DUMAS v. KELLY

No. 97-CV-2210 JG.

162 F.Supp.2d 170 (2001)

Roy DUMAS, Petitioner, v. Walter KELLY, Superintendent, Attica Correctional Facility, Respondent.

United States District Court, E.D. New York.

September 20, 2001.

Attorney(s) appearing for the Case

Philip R. Edelbaum, New York City, for Petitioner.

Richard A. Brown, District Attorney, Queens County, John M. Castellano, Peter Mason, Assistant District Attorneys, Kew Gardens, NY, for Respondent.

MEMORANDUM AND ORDER

GLEESON, District Judge.

Roy Dumas has filed a petition for a writ of habeas corpus, see 28 U.S.C. § 2254, contending that his counsel was constitutionally ineffective for failing to file a notice of appeal. For the reasons stated below, a conditional writ is granted, pursuant to which petitioner's release will be ordered unless the state takes action to provide him with a direct appeal within 45 days.

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