United States Ex Rel. Allen v. Hardy

MEMORANDUM OPINION AND ORDER

SHADUR, District Judge.

Earl Allen (“Allen”) originally advanced four grounds for relief in his 28 U.S.C. § 2254 petition for a writ of habeas corpus. In a series of three opinions 1 this Court disposed of all four claims and dismissed Allen’s petition. Opinion II, 577 F.Supp. at 985 n. 1 decided Allen had waived or abandoned his Sixth Amendment 2 claim (asserting a theory found persuasive in McCray v. Abrams, 576 F.Supp. 1244 (E.D.N.Y.1983)). That determination was reaffirmed in Opinion III, 583 F.Supp at 564.

Allen now moves for reconsideration of the “waived or…