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HURTADO v. TUCKER

Civil Action No. 96-11915-RWZ.

90 F.Supp.2d 118 (2000)

Bernardo HURTADO v. John TUCKER, et al.

United States District Court, D. Massachusetts.

February 28, 2000.

Attorney(s) appearing for the Case

Eugene P. McCann, Lawrence, MA, for petitioner.

Annette C. Benedetto, Asst. Atty. Gen., Criminal Bureau, Boston, MA, for respondent.

MEMORANDUM OF DECISION

ZOBEL, District Judge.

Respondent objects to the Report and Recommendation of the Magistrate Judge that the petition for a writ of habeas corpus be granted. The petition was filed after the effective date of the Antiterrorism and Effective Death Penalty Act ("AEDPA"), Pub.L. No. 104-132, 110 Stat. 1214, which amended 28 U.S.C. § 2254 and, the Magistrate Judge ruled, governed the proceedings before him.

To the extent...

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