United States Second Circuit

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Garcia v. Superintendent of Great Meadow Correctional Facility, 16-2863

Motion for leave to file a successive 28 U.S.C. section 2254 petition challenging a New York state conviction for burglary and sexual abuse is denied where an order denying a section 2254 petition as incomprehensible is 'on the merits' for the purposes of the successiveā€petition requirements if the petitioner was on notice that the district court considered the section 2254 petition to be incomprehensible, and had an opportunity to cure the defect.

Appellate Information

  • Decided
  • Published 2016/11/10

Judges

  • PER CURIAM

Court

  • United States Second Circuit

Counsel