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Brisco v. Phillips

August 13, 2009

FRANK BRISCO, PETITIONER,
v.
WILLIAM PHILLIPS, ACTING SUPERINTENDENT OF GREEN HAVEN CORRECTIONAL FACILITY, RESPONDENT.



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

MEMORANDUM OF DECISION AND ORDER

On February 27, 2004, Frank Brisco ("Brisco") filed a petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254, seeking relief from his conviction for attempted burglary in the second degree. In an Order dated July 16, 2005, the Court granted Brisco's petition. The Respondent appealed.

On July 21, 2009, the Second Circuit issued a Mandate reversing this Court's judgment and denying Brisco's petition. Pursuant to the Mandate issued by the Second Circuit, it is hereby ordered that the petition for a writ of habeas corpus is denied and the Clerk of the Court is directed to enter judgment accordingly.

SO ORDERED.

ARTHUR D. SPATT United States District Judge

20090813

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