RODRIGUEZ v. BAY STATE CORRECTIONAL CENTER

Misc. No. 97-8068.

139 F.3d 270 (1998)

Hector Santiago RODRIGUEZ, Putative Petitioner, v. SUPERINTENDENT, BAY STATE CORRECTIONAL CENTER, Putative Respondent.

United States Court of Appeals, First Circuit.

Decided March 23, 1998.


Attorney(s) appearing for the Case

James F. McNiff, II, York, ME, for putative petitioner.

Gregory I. Massing, Assistant Attorney General, with whom Scott Harshbarger, Attorney General, Boston, MA, was on brief, for putative respondent.

Before TORRUELLA, Chief Judge, SELYA and STAHL, Circuit Judges.


SELYA, Circuit Judge.

This proceeding involves questions of novel impression. It finds its genesis in an application by Hector Santiago Rodriguez for permission to file a third habeas corpus petition seeking relief from his conviction, nearly three decades ago, for first-degree murder. Because the putative petitioner (who, for simplicity's sake, we shall refer to as "petitioner," without any qualifying adjective) fails to satisfy the statutory prerequisites for filing...

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