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EARLEY v. MURRAY

Docket No. 04-4098-pr.

462 F.3d 147 (2006)

Sean EARLEY, Petitioner-Appellant, v. Timothy MURRAY, Respondent-Appellee.

United States Court of Appeals, Second Circuit.

Decided June 9, 2006.

Filed June 22, 2006.

Decided August 31, 2006.

Attorney(s) appearing for the Case

David M. Samel, New York, NY, for Petitioner-Appellant.

Amy M. Appelbaum, Assistant District Attorney (Charles J. Hynes, District Attorney, Kings County, Leonard Joblove and Victor Barall, Assistant District Attorneys, on the brief), Brooklyn, NY, for Respondent-Appellee.

Before WALKER, Chief Judge, LEVAL and SOTOMAYOR, Circuit Judges.

JOHN M. WALKER, JR., Chief Judge.

For the reasons stated below, respondent-appellee Timothy Murray's petition for rehearing is denied.

Respondent-appellee petitions for rehearing of a June 9, 2006, opinion of this court vacating the judgment of the United States District Court for the Eastern District of New York denying petitioner-appellant Sean Earley's petition for a writ of habeas corpus. Respondent-appellee argues that rehearing in this case is warranted...

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