AVELLAR v. DUBOIS

No. CIV.A. 97-12841-RGS.

30 F.Supp.2d 76 (1998)

Eric AVELLAR, Petitioner, v. Larry E. DUBOIS, Commissioner of Correction.

United States District Court, D. Massachusetts.

December 4, 1998.


Attorney(s) appearing for the Case

Eric Avellar, Norfolk, MA, pro se.

Kenneth E. Steinfield, Assistant Attorney General, Boston, MA, for Respondent.


ADOPTION OF MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION

STEARNS, District Judge.

I adopt the Magistrate Judge's Recommendation and consequently will order that the Petition for Writ of Habeas Corpus be DENIED. I also adopt the Report with the following comments.

I believe that Respondent is correct that the recitation of the underlying facts by the Supreme Judicial Court is entitled to a presumption of correctness pursuant to 28 U...

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