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THIBODEAU v. COM. OF MASS.

No. CA 75-4586-T.

428 F.Supp. 542 (1977)

Russell THIBODEAU, Petitioner, v. COMMONWEALTH OF MASSACHUSETTS, Respondent.

United States District Court, D. Massachusetts.

March 9, 1977.

Attorney(s) appearing for the Case

Russell Thibodeau in pro. per., Moulton & Looney, Albert F. Cullen, Boston, Mass., for petitioner.

Kathleen King Parker, Asst. Atty. Gen., Boston, Mass., for respondent.

MEMORANDUM

TAURO, District Judge.

This is an action brought by a state court prisoner, pleaded both as a petition for habeas corpus under 28 U.S.C. § 2241 and as a civil rights action under 42 U.S.C. § 1983. The case is now before the court on the merits.1 The court denies his petition for the reasons set forth below.

There is no factual dispute. Both petitioner and respondent accept the statement of facts set...

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