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KILBURN v. MALONEY

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

164 F.Supp.2d 117 (2001)

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

United States District Court, D. Massachusetts.

August 31, 2001.

Attorney(s) appearing for the Case

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

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

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, Office Of the Attorney General, Thomas Dee, Assistant Attorney General, Criminal Bureau, Boston, MA, for Michael Maloney.

MEMORANDUM AND ORDER ON RESPONDENT'S OBJECTION TO THE MAGISTRATE/JUDGE'S ORDER STAYING HABEAS CORPUS PROCEEDINGS

STEARNS, District Judge.

Respondent raises several not unprincipled objections to the Magistrate Judge's Order staying resolution of a "mixed petition" to permit Petitioner to return to state court to exhaust an unpresented claim. On balance, however, I agree with the Magistrate Judge's decision. The Antiterrorism and Effective Death Penalty...

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