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SASH v. ZENK

Docket No. 04-6202-PR.

439 F.3d 61 (2006)

Eliot S. SASH, Petitioner-Appellant, v. Michael ZENK, Federal Bureau of Prisons, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided: October 26, 2005.

Filed: December 9, 2005.

Decided: February 22, 2006.

Attorney(s) appearing for the Case

David A. Lewis, Federal Defenders of New York, Inc., Appeals Bureau, New York, NY, for Petitioner-Appellant.

Emily Berger, Assistant United States Attorney (Roslynn R. Mauskopf, United States Attorney, on the brief; Susan Corkery, Assistant United States Attorney, of counsel), Eastern District of New York, Brooklyn, NY, for Defendants-Appellees.

Before: SOTOMAYOR and WESLEY, Circuit Judges, and BRIEANT, District Judge.

SOTOMAYOR, Circuit Judge.

ON PETITION FOR REHEARING

Appellant Eliot S. Sash petitions the panel for rehearing to reconsider its decision in Sash v. Zenk, 428 F.3d 132 (2d Cir.2005). We assume familiarity with our original decision and its underlying facts. Because Sash has failed to show "point[s] of law or fact that . . . the court has overlooked or misapprehended," Fed. R.App. P. 40(a)(2); see Treadway Cos.,...

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