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United States Second Circuit

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 successive‐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




  • United States Second Circuit


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