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FLAHERTY v. VINZANT

Misc. Civ. No. 73-135-G.

386 F.Supp. 1170 (1974)

James E. FLAHERTY, Petitioner, v. Douglas H. VINZANT, Superintendent, M. C. I., Walpole, Respondent.

United States District Court, D. Massachusetts.

December 30, 1974.

Attorney(s) appearing for the Case

Daniel F. Featherston, Jr., Boston, Mass., for petitioner.

James X. Kenneally, Asst. Atty. Gen., Boston, Mass., for respondent.

MEMORANDUM AND ORDER DISMISSING PETITION

GARRITY, District Judge.

Petitioner in this action seeks a writ of habeas corpus under 28 U.S.C. § 2241, alleging that he is being unconstitutionally incarcerated for armed robbery.1 His state judicial remedies were exhausted on May 30, 1973 when the Supreme Judicial Court of Massachusetts declined to review the Massachusetts Appellate Court's affirmance of his conviction. That court...

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