EDWARDS v. MURPHY

Nos. Civ. 98-12000-REK, 99-10012-EFH.

96 F.Supp.2d 31 (2000)

Marcus EDWARDS, Petitioner, v. Paul MURPHY, Superintendent, Old Colony Correctional Center, Defendant. Michael Payne, Petitioner, v. Paul Murphy, Superintendent, Old Colony Correctional Center, Defendant.

United States District Court, D. Massachusetts.

April 24, 2000.


Attorney(s) appearing for the Case

Page Kelley, Committee for Public Counsel Service, Cambridge, MA, for Marcus Edwards, plaintiff.

Cathryn A. Neaves, Attorney General's Office, Boston, MA, L. Scott Harshbarger, Attorney General's Office, Torts Division, Boston, MA, for Paul Murphy, defendant.

David P. Hoose, Katz, Sasson & Hoose, Springfield, MA, for Michael Payne, respondent.


Opinion

KEETON, District Judge.

In this consolidated action, Marcus Edwards ("Edwards") and Michael Payne ("Payne") petition this court for habeas corpus relief under 28 U.S.C. § 2254. For the following reasons, their petitions are dismissed.

I. Factual and Procedural Background

A. Procedural History

In April, 1993, a Suffolk County grand jury returned indictments against both petitioners alleging two counts of murder, two...

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