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WALKER v. JASTREMSKI

Docket No. 04-3671-PR.

430 F.3d 560 (2005)

Jeffrey A. WALKER, Plaintiff-Appellant, v. David JASTREMSKI, Charles Buerer, Frank Halloran, and Tedja Tjandra, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided: November 15, 2005.

Attorney(s) appearing for the Case

Alfred U. Pavlis, Daly & Pavlis, LLC (Brendan J. LeMoult, on the brief), Southport, Conn., for Plaintiff-Appellant.

Robert B. Fiske, Assistant Attorney General, State of Connecticut, Hartford, Conn. (Michael P. Farrell, Corporation Counsel, City of West Haven, and Jerome A. Lacobelle, Jr., Deputy Corporation Counsel, City of West Haven, West Haven, Conn., on the brief), for Defendants-Appellees.

Before: NEWMAN, CALABRESI and STRAUB, Circuit Judges.

CALABRESI, Circuit Judge.

This case comes to us for the third time in its seesawing history. It concerns the application of the "prison mailbox" rule of Houston v. Lack, 487 U.S. 266, 108 S.Ct. 2379, 101 L.Ed.2d 245 (1988), to a pro se prisoner's request from a state court for records pertinent to a prosecution against him that forms the basis for his civil rights suit against law enforcement officials. The prisoner, plaintiff...

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