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SIMPSON v. SPENCER

No. CIV.02-10887-RCL.

372 F.Supp.2d 140 (2005)

Dalton SIMPSON, Petitioner v. Luis SPENCER, Respondent

United States District Court, D. Massachusetts.

May 18, 2005.

Attorney(s) appearing for the Case

Cathryn A. Neaves, Attorney General's Office, Boston, MA, for Superintendent Luis Spencer, Respondent.

Susanne G. Reardon, Attorney General's Office, Boston, MA, for Superintendent Luis Spencer, Respondent.

MEMORANDUM AND ORDER ON PETITION FOR HABEAS CORPUS RELIEF

LINDSAY, District Judge.

Before the court is the petition of Dalton Simpson (the "petitioner") for a writ of habeas corpus pursuant to 28 U.S.C. § 2254(d). The petitioner is in the custody of the respondent, Luis Spencer, as a result of having been convicted of first-degree murder, unlawful possession of a firearm, and motor vehicle offenses. In a motion to dismiss, the respondent contends that...

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