Brisco v. Phillips, No. 2:2004cv00829 - Document 29 (E.D.N.Y. 2009)

Court Description: 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 Briscos petition. The Respondent appealed. On July 21, 2009, the Second Circuit issued a Mandate reversing this Courts judgment and denying Briscos 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. (Ordered by Senior Judge Arthur D. Spatt on 8/13/2009). (Coleman, Laurie)