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MALLET v. MILLER

No. 05 Civ. 00070(VM).

553 F.Supp.2d 336 (2008)

Antonio MALLET, Petitioner, v. David MILLER, Superintendent, Eastern Correctional Facility, Respondent.

United States District Court, S.D. New York.

May 9, 2008.

Attorney(s) appearing for the Case

Eleanor Jackson Piel, Lead Attorney, Eleanor Jackson Piel, Attorney at Law, New York City, for Petitioner.

DECISION AND ORDER

VICTOR MARRERO, District Judge.

Petitioner Antonio Mallet ("Mallet") filed a motion seeking an order pursuant to Federal Rule of Civil Procedure 60(b) ("Rule 60(b)") to vacate the Court's judgment of May 26, 2006, which denied Mallet's petition for a writ of habeas corpus. Mallet's motion is based on alleged newly discovered evidence. Respondent has opposed the motion. Upon due consideration of the papers submitted in support of...

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