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FULTON v. GRAHAM

Docket No. 14-1861-pr.

802 F.3d 257 (2015)

Derrick FULTON, Petitioner-Appellant, v. Harold GRAHAM, Superintendent, Respondent-Appellee.

United States Court of Appeals, Second Circuit.

Decided: September 11, 2015.

Attorney(s) appearing for the Case

Randolph Z. Volkell , Merrick, N.Y., for Petitioner-Appellant.

Alyson J. Gill , Chief, Federal Habeas Corpus Section, Office of the Attorney General ( Barbara D. Underwood , Solicitor General, Nikki Kowalski , Deputy Solicitor General for Criminal Matters, and Daniel J. Jawor , Assistant Attorney General, on the brief), for Eric T. Schneiderman , Attorney General of the State of New York, Albany, N.Y., for Respondent-Appellee.

Before: STRAUB, PARKER, and CARNEY, Circuit Judges.

Petitioner Derrick Fulton appeals from the May 6, 2014 judgment of the United States District Court for the Northern District of New York (Mae A. D'Agostino, Judge) adopting the Report and Recommendation of a Magistrate Judge (Andrew T. Baxter, Judge) denying his petition for a writ of habeas corpus...

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