GRAHAM v. PORTUONDO

Docket No. 04-1315-PR.

506 F.3d 105 (2007)

Daryl GRAHAM, Petitioner-Appellant, v. Leonard PORTUONDO, Superintendent, Shawangunk Correctional Facility, Respondent-Appellee.

United States Court of Appeals, Second Circuit.

Decided: October 3, 2007.


Attorney(s) appearing for the Case

Andrea G. Hirsch, New York, N.Y., for Petitioner-Appellant Daryl Graham.

Karol Baird Mangum, Brooklyn, N.Y., for Respondent-Appellee Leonard Portuondo.

Before JACOBS, Chief Judge, KATZMANN and HALL, Circuit Judges.


PER CURIAM:

Daryl Graham seeks permission to appeal from the district court's judgment denying his 28 U.S.C. § 2254 petition after an evidentiary hearing. Graham, who was pro se below, argues that the court's failure to appoint him counsel at the hearing violated Rule 8(c) of the Federal Rules Governing § 2254 petitions, which requires that counsel be appointed to indigent petitioners at such hearings. We agree and further find that the district court...

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