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RODRIGUEZ v. SCHRIVER

Docket No. 03-2973.

392 F.3d 505 (2004)

Manuel RODRIGUEZ, Petitioner-Appellee, v. Sunny L. SCHRIVER, Superintendent, Wallkill Correctional Facility, Respondent-Appellant.

United States Court of Appeals, Second Circuit.

Decided: November 22, 2004.

Attorney(s) appearing for the Case

Robin A. Forshaw, Assistant Solicitor General (Eliot Spitzer, Attorney General of the State of New York, Michael Belohlavek, Deputy Solicitor General, on the brief), New York, New York, for respondent-appellant.

Mark W. Zeno, Center For Appellate Litigation (Robert S. Dean, on the brief), New York, New York, for petitioner-appellee.

Before: CALABRESI and SOTOMAYOR, Circuit Judges, and BERMAN, District Judge.

BERMAN, District Judge.

Respondent-Appellant Sunny Schriver, in his capacity as Superintendent of the Wallkill Correctional Facility ("Schriver"), appeals from the judgment of the United States District Court for the Southern District of New York (Frank Maas, Magistrate Judge) entered pursuant to an Opinion and Order dated November 12, 2003 ("Opinion and Order"), granting Petitioner-Appellee Manuel Rodriguez's ("Rodriguez") petition for a writ of habeas corpus...

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