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WATKINS v. PONTE

No. 92-1864.

987 F.2d 27 (1993)

Theodis WATKINS, Petitioner, Appellant, v. Joseph PONTE, Respondent, Appellee.

United States Court of Appeals, First Circuit.

Decided March 3, 1993.

Attorney(s) appearing for the Case

Joseph F. Shea, with whom Nutter, McClennen & Fish, Boston, MA, was on brief, for petitioner, appellant.

Robert N. Sikellis, Asst. Atty. Gen., Criminal Bureau, with whom Scott Harshbarger, Atty. Gen., Boston, MA, was on brief, for respondent, appellee.

Before TORRUELLA, Circuit Judge, BOWNES, Senior Circuit Judge, and STAHL, Circuit Judge.

TORRUELLA, Circuit Judge.

Appellant, Theodis Watkins, appeals from the district court's dismissal of his petition under 28 U.S.C. § 2254. We affirm.

FACTS

Watkins was convicted of first degree murder on June 23, 1976 and sentenced to life in prison.1 In 1979, he filed a pro se petition for a writ of habeas corpus ("1979 Petition"). The 1979 Petition was "mixed"; it presented both exhausted and unexhausted...

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