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RODRIGUEZ v. MITCHELL

Docket Nos. 99-2170, 99-3507.

252 F.3d 191 (2001)

Robert RODRIGUEZ, Petitioner-Appellant, v. Robert MITCHELL, Superintendent, Eastern Correctional Facility, and Eliot Spitzer, Attorney General, State of New York, Respondents-Appellees.

United States Court of Appeals, Second Circuit. August Term, 1998.

Decided: June 6, 2001.

Amended: September 27, 2002.

Attorney(s) appearing for the Case

Larry W. Yackle, Boston University School of Law (Letty Di Giulio and Robert Procter, on the brief), Boston, MA, for Petitioner-Appellant.

Thomas M. Ross, Assistant District Attorney, Kings County (Charles J. Hynes, District Attorney, and Roseann B. MacKechnie, Assistant District Attorney, on the brief), Brooklyn, NY, for Respondents-Appellees.

Before: LEVAL, POOLER, and HEANEY, Circuit Judges.

LEVAL, Circuit Judge:

Petitioner, Robert Rodriguez, seeks: (1) a certificate of appealability, authorizing him to appeal the denial of his motion under Fed.R.Civ.P. 60(b) to vacate a judgment entered by the United States District Court for the Eastern District of New York (Jack B. Weinstein, District Judge), denying his petition for a writ of habeas corpus; and (2) authorization to file a second habeas petition.

Respondents contend the motion under...

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