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PAVEL v. HOLLINS

No. 99-2410.

261 F.3d 210 (2001)

Kenneth G. PAVEL, Petitioner-Appellant, v. Melvin L. HOLLINS, Superintendent, Oneida Correctional Facility; Eliot L. Spitzer, Attorney General of New York State, Respondents-Appellees.

United States Court of Appeals, Second Circuit. August Term, 2000.

Fully Submitted: May 3, 2001.

Decided: July 25, 2001.

Attorney(s) appearing for the Case

James V. O'Gara (Kevin C. Walker, of counsel), Kelley Drye & Warren, LLP, New York, NY, for appellant.

Marlene O. Tuczinski, Assistant Solicitor General (Nancy A. Spiegel, Assistant Solicitor General, Peter H. Schiff, Senior Counsel, of counsel; Eliot Spitzer, Attorney General of the State of New York, on the brief), Office of the Solicitor General of the State of New York, for appellees.

Before: KEARSE and CABRANES, Circuit Judges, and TRAGER, District Judge.

JOSÉ A. CABRANES, Circuit Judge:

Petitioner-appellant Kenneth G. Pavel ("Pavel") has been held for more than ten years pursuant to a state court judgment of conviction in the custody of state correctional authorities, most recently that of Respondent Appellee Melvin L. Hollins, Superintendent of the Oneida Correctional Facility. Over five years ago, on February 7, 1995, Pavel petitioned for a writ of habeas corpus under 28 U.S.C. § 2254 in the United States...

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