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BARRY v. FICCO

No. CIV.A. 03-CV10686RGS.

392 F.Supp.2d 83 (2005)

Kevin BARRY v. Edward FICCO.

United States District Court, D. Massachusetts.

September 26, 2005.

Attorney(s) appearing for the Case

Eva M. Badway, Attorney General's Office, Boston, for Souza Baranowski Correctional Center, Defendant.

Leslie W. O'Brien, Winchester, for Kevin Barry, Plaintiff.

MEMORANDUM AND ORDER ON MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION

STEARNS, District Judge.

Upon review of the Magistrate Judge's Report and the petitioner's objections, I will adopt her Recommendation and order the petition dismissed. The Magistrate Judge correctly concludes that both grounds asserted in the petition are barred by procedural default. She is also correct that a motion to suppress would not have succeeded in light of the custodial...

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