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ROSS EX REL. SMYTH v. LANTZ

Docket No. 05-8900.

396 F.3d 512 (2005)

Michael B. ROSS, by his next friend, Gerard A. Smyth, in his official capacity as Chief Public Defender, Office of the Chief Public Defender, Petitioner, v. Theresa C. LANTZ, Commissioner, Connecticut Department of Corrections; Wayne C. Choinski, Warden, Northern Correctional Institution, Respondents.

United States Court of Appeals, Second Circuit.

Decided: January 25, 2005.

Attorney(s) appearing for the Case

Hubert J. Santos, Esq., Santos & Seeley, Patrick J. Culligan, Esq., State of Connecticut, Office of the Chief Public Defender, Hartford, CT, for Petitioners-Appellees.

Kevin T. Kane, Esq., State Attorney's Office, District of New London, New London, CT, Jo Anne Sulik, Esq., Harry David Weller, Esq., Chief State Attorney's Office, Civil Litigation Bureau, Michael E. O'Hare, Esq., Chief State Attorney's Office, Appellate Bureau, Rocky Hill, CT, for Respondents-Appellants.

Before: SACK, KATZMANN, and HALL, Circuit Judges.

PER CURIAM.

The motion to vacate the stay of execution is denied and the appeal is dismissed.

The first issue before the district court was whether Gerard A. Smyth, who brought the application for habeas corpus, had standing to bring it and whether the district court therefore had jurisdiction to hear the habeas application. See Steel Co. v. Citizens for a Better Environment, 523 U.S. 83, 94, 118 S.Ct. 1003, 140 L.Ed...

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