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QUEZADA v. SMITH

Docket No. 10-2738-op.

624 F.3d 514 (2010)

Ruddy QUEZADA, Petitioner-Appellant, v. Joseph SMITH, Warden of Shawangunk Correctional Facility, Respondent-Appellee.

United States Court of Appeals, Second Circuit.

Decided: October 21, 2010.

Attorney(s) appearing for the Case

Sarah L. Cave , David B. Shanies , Hughes, Hubbard & Reed LLP, New York, NY, for Petitioner-Appellant.

Charles J. Hynes , Kings County District Atty., Leonard Joblove , Victor Barall , Marie-Claude P. Wrenn , Asst. District Attys., Brooklyn, NY, for Respondent-Appellee.

Before: NEWMAN and HALL, Circuit Judges, and RESTANI, Chief Judge.

JON O. NEWMAN, Circuit Judge:

The pending motion for leave of this Court to file in a district court a second petition for a writ of habeas corpus presents an initial issue of whether the petition really is a "second" petition within the meaning of 28 U.S.C. § 2244(b). In this instance, that issue turns on the extent, if any, to which this Court should reexamine the correctness of a district court's dismissal of a previous...

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