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LOPEZ v. MILLER

No. 02-CV-3988 (NGG).

906 F.Supp.2d 42 (2012)

William LOPEZ, Petitioner, v. David L. MILLER, Superintendent, Eastern Correctional Facility, Respondent.

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

July 10, 2012.

Attorney(s) appearing for the Case

Richard Ware Levitt , Yvonne Shivers , Levitt & Kaizer, New York, NY, for Petitioner.

Kings County District Attorneys Office, New York State Attorney Generals Office-Generic, Howard Barry Goodman , Phyllis Ruth Mintz , Brooklyn, NY, for Respondent.

MEMORANDUM & ORDER

NICHOLAS G. GARAUFIS, District Judge.

The court must decide the circumstances under which the Supreme Court's recent decision in Cullen v. Pinholster, ___, U.S. ___, 131 S.Ct. 1388, 179 L.Ed.2d 557 (2011), permits it to hold an evidentiary hearing to resolve a claim raised in a federal habeas petition that was previously adjudicated on the merits in state court. For the reasons that follow,...

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