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OVERTON v. NEWTON

Docket No. 01-2436.

295 F.3d 270 (2002)

George OVERTON, Petitioner-Appellee, v. James NEWTON, Superintendent of the Watertown Correctional Facility, Respondent-Appellant.

United States Court of Appeals, Second Circuit.

Decided: July 9, 2002.

Attorney(s) appearing for the Case

Ian Rosenberg, Cahill, Gordon & Reindel, New York, NY, for Petitioner-Appellee.

Beth J. Thomas, Assistant Attorney General, New York, New York for Eliot Spitzer, Attorney General of the State of New York (Michael S. Belohlavek, Deputy Solicitor General, and Robin A. Forshaw, Assistant Solicitor General, of counsel), for Respondent-Appellant.

Before LEVAL and CALABRESI, Circuit Judges, and STEIN, District Judge.

CALABRESI, Circuit Judge.

Respondent-Appellant James Newton, Superintendent of the Watertown Correctional Facility, appeals from an order entered on June 13, 2001 in the United States District Court for the Eastern District of New York (Block, J.) granting Petitioner-Appellee George Overton's petition for a writ of habeas corpus. Overton v. Newton, 146 F.Supp.2d 267 (E.D.N.Y. 2001). Following the affirmance of...

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