United States Second Circuit

Prisoner's first petition, seeking release from detention due to delay in state appellate review, did not count in determining whether a later petition was "second or successive" under 28 U.S.C. section 2244; thus, the filing of the new petition did not require leave of court under the Antiterrorism and Effective Death Penalty Act of 1996.

Appellate Information

• Decided 01/29/2003
• Published 01/29/2003

Judges

• LEVAL and CALABRESI, Circuit Judges., Before:  LEVAL, CALABRESI, and B.D. PARKER, Jr. Circuit Judges.

Court

• United States Second Circuit

Counsel

• For Appellant:
  
• Miguel Vasquez, pro se (incarcerated), Riverview Correctional Facility, NY, Petitioner.


• For Appellees:
  
• Beth J. Thomas, Assistant Attorney General, State of New York, New York City, NY, for Respondent.