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KILBURN v. MALONEY

No. CIV. A. 98-12156-RGS.

164 F.Supp.2d 113 (2001)

Andrew W. KILBURN, v. Michael T. MALONEY.

United States District Court, D. Massachusetts.

July 31, 2001.

Attorney(s) appearing for the Case

Andrew W. Kilburn, M.C.I. Cedar Junction, Walpole, MA, pro se.

Earle C. Cooley, Boston, Stephen Hrones, Hrones & Garrity, Boston, MA, for Andrew W. Kilburn.

Susanne G. Levsen, Assistant Attorney General, Criminal Bureau, Catherine E. Sullivan, Assistant Attorney General, Criminal Bureau, James J. Arguin, Assistant Attorney General, Office Of the Attorney General, Boston, MA, for Larry DuBois.

Elizabeth K. Frumkin, Assistant Attorney General, Criminal Bureau, James J. Arguin, Assistant Attorney General, Thomas Dee, Assistant Attorny General, Criminal Bureau, Boston, MA, for Michael Maloney.

MEMORANDUM AND DECISION ON PETITIONER'S MOTION TO STAY PROCEEDINGS

DEIN, United States Magistrate Judge.

On February 15, 2001, the petitioner moved to stay the habeas proceeding pending in this court to grant him time to exhaust his state remedies with respect to issues not previously raised in state court (Docket # 42). After the court allowed the motion as unopposed (Docket # 45), the government moved for reconsideration (Docket # 47). On April...

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