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STEVENS v. MILLER

Docket No. 11-5343-pr.

676 F.3d 62 (2012)

Edward STEVENS, Petitioner-Appellee, v. David MILLER, Superintendent, Eastern Correctional Facility, Eric T. Schneiderman, New York State Attorney General, Respondents-Appellants.

United States Court of Appeals, Second Circuit.

Decided: April 10, 2012.

Attorney(s) appearing for the Case

Alyson Gill , Assistant Attorney General ( Barbara D. Underwood , Solicitor General, Roseanne B. MacKechnie , Deputy Solicitor General for Criminal Matters, Lisa Ellen Fleischmann , Assistant Attorney General, on the brief) for Eric T. Schneiderman , Attorney General for the State of New York, New York, NY, for Respondents-Appellants.

Richard Joselson , Legal Aid Society, Criminal Appeals Bureau, New York, NY, for Petitioner-Appellee.

Before: McLAUGHLIN, B.D. PARKER, and WESLEY, Circuit Judges.

WESLEY, Circuit Judge:

Respondents-Appellants (the "State") appeal from an order of the United States District Court for the Southern District of New York (Kaplan, J.), entered on December 23, 2011, which denied the State's motion under Federal Rule of Civil Procedure 60(b)(6) to vacate the district court's grant of habeas relief to Petitioner-Appellee Edward Stevens more than a year earlier. The State argues that the...

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