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DOE v. MENEFEE

No. 03-2432.

391 F.3d 147 (2004)

John DOE, Plaintiff-Appellant, v. Frederick MENEFEE, Warden, Warden of the Otisville Federal Correctional Institution; the Attorney General of the State of New York, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided: November 19, 2004.

Attorney(s) appearing for the Case

Michael S. Pollok, Hoffmann & Pollok, LLP, New York, NY, for plaintiff-appellant.

John J. Sergi, Assistant District Attorney (Jeanine Pirro, District Attorney of Westchester County, on the brief; Joseph M. Latino, of counsel), White Plains, NY, for defendant-appellee the Attorney General of the State of New York.

Before: MESKILL, POOLER, and SOTOMAYOR, Circuit Judges.

Judge POOLER dissents in a separate opinion.

SOTOMAYOR, Circuit Judge.

Petitioner-appellant John Doe1 appeals from the decision of the United States District Court for the Southern District of New York (Brieant, J.), denying his petition for a writ of habeas corpus.2 Although Doe seeks to challenge his 1995 New York State conviction for second-degree sodomy, he failed to file his petition within the...

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