Court of Appeals for the Second Circuit November 15, 2004, Docket 03-2560 (Pedro Gutierrez v. Michael McGinnis Superintendent, Attica Correctional Facility)

SOTOMAYOR, Circuit Judge.

Petitioner-appellant Pedro Gutierrez appeals from a denial of a petition for a writ of habeas corpus under 28 U.S.C. § 2254, entered on July 31, 2003, in the United States District Court for the Southern District of New York (Baer, J.).