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HUBBARD v. PINCHAK

No. 00-5150.

378 F.3d 333 (2004)

Frank HUBBARD, Appellant v. Steven PINCHAK; The Attorney General of the State of New Jersey; Peter Verniero.

United States Court of Appeals, Third Circuit.

Filed August 5, 2004.

Attorney(s) appearing for the Case

Mary Gibbons (Argued), Toms River, NJ, for Appellant.

Peter C. Harvey, Attorney General of New Jersey, Trenton, Linda K. Danielson (Argued), Deputy Attorney General, Of Counsel and on Brief, Division of Criminal Justice, Appellate Bureau, Trenton, NJ, for Appellees.

Before SLOVITER and FUENTES, Circuit Judges, and POLLAK, District Judge.

OPINION OF THE COURT

SLOVITER, Circuit Judge.

Petitioner Frank M. Hubbard seeks a writ of habeas corpus pursuant to 28 U.S.C. § 2254. He procedurally defaulted his claims in the state courts. He seeks to overcome the procedural default by asserting his "actual innocence," Bousley v. United States, 523 U.S. 614, 623, 118 S.Ct. 1604, 140 L.Ed.2d 828 (1998); Schlup v. Delo, 513 U.S. 298...

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