The following excerpt is from Levine v. Apker, 455 F.3d 71 (2nd Cir. 2006):
Winn, 383 F.3d 17, 19-21 (1st Cir.2004); Elwood v. Jeter, 386 F.3d 842, 844-45 (8th Cir.2004). Rather than repeat the entire history here, we note only the relevant highlights.
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