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WILSON v. McGINNIS

August 5, 2004.

ERIC WILSON, Petitioner,
v.
MICHAEL McGINNIS, Superintendent, Southport Correctional Facility, Respondent.



The opinion of the court was delivered by: ALVIN HELLERSTEIN, District Judge

OPINION AND ORDER GRANTING CERTIFICATE OF APPEALABILITY

On July 7, 2004, I issued an Opinion and Order Denying Habeas Corpus. In that Opinion, I stated as follows: "For the reasons stated, the petition for a writ of habeas corpus is denied. I recommend, however, that the issue be accepted for appeal and be reviewed by the Court of Appeals. See 28 U.S.C. § 2253(c)." Wilson v. McGinnis, ___ F. Supp.2d ___, 03 Civ. 4625, 2004 U.S. Dist. Lexis 12653, at *23 (S.D.N.Y. July 7, 2004).

Accordingly, a certificate of appealability shall issue in this case, retroactive to July 7, 2004.

  SO ORDERED.

20040805

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