United States Second Circuit

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Quezada v. Smith, 10-2738

In an application pursuant to 28 U.S.C. section 2244(b)(3) for leave to file in the district court a second petition for a writ of habeas corpus, the application is granted where: 1) reexamination of an untimeliness ruling that was made with respect to a first habeas corpus petition may occur only in limited circumstances, such circumstances were not present in petitioner's case, and his current petition was properly considered "second"; and 2) petitioner made a sufficient showing to satisfy the court's "gate-keeping" responsibility under 28 U.S.C. section 2244(b)(3).

Appellate Information

  • Decided 10/21/2010
  • Published 10/21/2010

Judges

  • Jon O. Newman

Court

  • United States Second Circuit

Counsel

  • For Appellant:
  • Sarah L. Cave, Charles J. Hynes