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MAINS v. HALL

No. 94-1912.

75 F.3d 10 (1996)

Robert MAINS, Petitioner-Appellant, v. Timothy HALL and Larry E. Dubois, Respondents-Appellees.

United States Court of Appeals, First Circuit.

Decided January 29, 1996.

Attorney(s) appearing for the Case

Joan C. Stanley, Boston, MA, by Appointment of Court, for appellant.

Gregory I. Massing, Assistant Attorney General, Criminal Bureau, with whom Scott Harshbarger, Attorney General, and Nancy W. Geary, Assistant Attorney General, were on brief for appellees.

Before TORRUELLA, Chief Judge, STAHL, Circuit Judge, and DOMÍNGUEZ, District Judge.

DOMINGUEZ, District Judge.

Petitioner-appellant, Robert Mains ("Mains") challenges the district court's dismissal of the petition of the writ of habeas corpus and requests the same to be vacated. Mains further requests the remand of this case to the district court for a determination as to whether his claim is procedurally barred as successive and as an abuse of the writ under Sandstrom v. Montana, 442...

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