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MAGEE v. HARSHBARGER

No. 93-2105.

16 F.3d 469 (1994)

Thomas A. MAGEE, Petitioner, Appellant, v. Scott HARSHBARGER, et al., Respondents, Appellees.

United States Court of Appeals, First Circuit.

Decided February 24, 1994.

Attorney(s) appearing for the Case

Brownlow M. Speer with whom Committee for Public Counsel Services, Boston, MA, was on brief for appellant.

Elisabeth J. Medvedow, Assistant Attorney General, with whom Scott Harshbarger, Attorney General, Boston, MA, was on brief for appellees.

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

BOWNES, Senior Circuit Judge.

Petitioner Thomas A. Magee appeals the district court's denial of his petition for a writ of habeas corpus. The district court ruled that petitioner failed to satisfy the "cause" and "prejudice" requirement which must be met before federal courts can collaterally review the merits of procedurally defaulted constitutional claims. Because petitioner has failed to show "cause" for his procedural default, we affirm.

I.

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