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Kotsopoulos v. Superintendent

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NEW YORK


January 5, 2009

NIKOLAOS KOTSOPOULOS, PETITIONER,
v.
SUPERINTENDENT, GREEN HAVEN CORRECTIONAL FACILITY, RESPONDENT.

The opinion of the court was delivered by: Spatt, District Judge.

ORDER

On July 25, 2007, Nikolaos Kotsopoulos ("the Petitioner") filed a petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. The Court has reviewed the petition; the People's response in opposition; the order of the County Court, Nassau County, denying the Petitioner's motion to vacate his judgment of conviction; and a Decision and Order from the New York State Appellate Division, Second Department, denying the Petitioner leave to appeal from the Nassau County Court's Order. The Court finds that, in accordance with Rule 8 of the Rules Governing 28 U.S.C. § 2254 Cases in the United States District Courts, an evidentiary hearing in this matter is warranted. Accordingly, it is hereby,

ORDERED, that the parties are directed to appear for a hearing on all issues raised by the Petitioner's petition on February 6th at 10:00 a.m.; and it is further

ORDERED, that the Petitioner shall issue subpoenas to the following persons for their appearance at the hearing: (i) Jacob R. Evseroff, Esq.; (ii) Anastasios Sarikas, Esq.; (iii) Assistant District Attorney Frank Schroeder; (iv) Georgia Apostolidis; (v) Christina Kotsopoulos; and (vi) Anthony Lioumis.

ORDERED, that the government shall, upon receipt of this Order, arrange for Petitioner's appearance at the hearing.

SO ORDERED.

ARTHUR D. SPATT United States District Judge

20090105

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