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RYAN v. MILLER

Docket No. 01-2122.

303 F.3d 231 (2002)

Thomas RYAN, Petitioner-Appellant, v. David H. MILLER, Superintendent, Eastern Correctional Facility, Respondent-Appellee.

United States Court of Appeals, Second Circuit.

Decided: August 28, 2002.

Attorney(s) appearing for the Case

Lawrence O. Kamin, Willkie Farr & Gallagher (Steven M. Monroe, Marsh & McLennan Companies, and Henry J. Kennedy, Willkie Farr & Gallagher, on the brief), New York, NY, for Petitioner-Appellant Thomas Ryan.

Steven A. Hovani, Assistant District Attorney (James M. Catterson, Jr., District Attorney of Suffolk County, on the brief), Riverhead, NY, for Respondent-Appellee David Miller.

Before POOLER and SOTOMAYOR, Circuit Judges, and GARAUFIS, District Judge.

POOLER, Circuit Judge.

Petitioner-Appellant Thomas Ryan appeals from the January 26, 2001, memorandum and order of the United States District Court for the Eastern District of New York (Joanna Seybert, Judge), denying his application for a writ of habeas corpus, pursuant to 28 U.S.C. § 2254. A panel of this Court granted Ryan a certificate of appealability on August 28, 2001, on the sole issue of "whether, under the applicable standard of review, appellant...

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