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MUNTAQIM v. COOMBE

No. 01-7260.

385 F.3d 793 (2004)

Jalil Abdul MUNTAQIM, a/k/a Anthony Bottom, Plaintiff-Appellant, v. Phillip COOMBE; Anthony Annucci; Louis F. Mann, Defendant-Appellee.

United States Court of Appeals, Second Circuit.

October 1, 2004.

Attorney(s) appearing for the Case

Jonathan William Rauchway, Esq., Denver, CO, for Plaintiff-Appellant.

Julie Mathy Sheridan, Esq., Albany, NY, Nancy Northup, Esq., New York, NY, Richard J. Freshour, Esq., Albany, NY, for Defendants-Appellees.

At the request of a judge, the court sua sponte conducted a poll as to whether to rehear this case in banc. The suggestion did not garner support from a majority of the active judges on the court, and has therefore failed.

JOSÉ A. CABRANES, Circuit Judge, concurring.

The question presented in this case should not be confused with the more frequently debated question whether former felons should lose their right to vote for a time or even permanently. The issue presented here is whether New York Election Law § 5-106-which disenfranchises persons currently in prison or on parole-can be challenged under the Voting Rights Act. This presents a significantly narrower...

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