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ARMSTRONG v. GUCCIONE

No. 04 Civ. 6943(RO).

351 F.Supp.2d 167 (2004)

Martin A. ARMSTRONG, Petitioner, v. Joseph R. GUCCIONE, U.S. Marshal for the Southern District of New York and Marvin D. Morrison, Warden, Metropolitan Correctional Center, Respondents.

United States District Court, S.D. New York.

December 23, 2004.

Attorney(s) appearing for the Case

Chadbourne & Parke, LLP, Thomas V. Sjoblom, David Cooper, Benjamin R. Ogletree, for Petitioner.

U.S. Attorneys' Office, Brian Coad, Steven R. Glaser, for Respondents.

O'Melveny & Myers, LLP, Martin Glenn, Tancred V. Schiavoni, III, Cori Browne, for Receiver.

Stephen Jay Obie, for Commodity Futures Trading Commission.

OPINION & ORDER

OWEN, District Judge.

Martin Armstrong, the petitioner in this habeas corpus, from his multitude of petitions and appeals is hardly unknown to the Southern District Court1 and the Court of Appeals for the Second Circuit since September 13, 1999, so that only a focused statement of background is needed to put the issues here in perspective. The principal issue here flows from the fact that sometime prior...

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