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- Search the web for: Notice: This Summary Order May Not Be Cited As Precedential Authority, but May Be Called to the Attention of the Court in a Subsequent Stage of This Case, in a Related Case, or in Any Case for Purposes of Collateral Estoppel or Res Judicata. See Second Circuit Rule 0.23.jose Matos, Rafael Diaz, Petitioners-appellants, v. Frank Irvin, Superintendent, Wende Correctional Facility;charles Scully, Superintendent, Greenhavencorrectional Facility, Respondents-appellees