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KIBBE v. DUBOIS

No. Civ.A. 97-10010-NG.

120 F.Supp.2d 114 (2000)

Mark A. KIBBE, Petitioner, v. Larry E. DUBOIS and Scott Harshbarger, Respondents.

United States District Court, D. Massachusetts.

September 26, 2000.

Attorney(s) appearing for the Case

Brownlow M. Speer, Committee For Public Counsel Services, Boston, MA, for Mark A. Kibbe, petitioner.

Pamela L. Hunt, Attorney General's Office, Criminal Bureau, Boston, MA, Annette C. Benedetto, Assistant Attorney General, Criminal Bureau, Boston, MA, for Larry E. DuBois, Respondent, as he is Commissioner of Correction of the Commonwealth of Massachusetts, Scott Harshbarger, Respondent, as he is Attorney General of the Commonwealth of Massachusetts.

MEMORANDUM AND ORDER

GERTNER, District Judge.

Petitioner Mark A. Kibbe ("Kibbe") comes before this Court in an action for the writ of habeas corpus. Kibbe was convicted of arson by a Massachusetts Superior Court jury on June 10, 1992. The state court sentenced him to a prison term of five to ten years to begin after Kibbe completes a twenty-year sentence which he is currently serving on unrelated charges.

The Appeals Court of Massachusetts summarily...

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