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DUNKER v. BISSONNETTE

Civil Action No. 00-11196-RGS.

154 F.Supp.2d 95 (2001)

Frederick H. DUNKER, Jr., Petitioner, v. Lynn BISSONNETTE, Respondent.

United States District Court, D. Massachusetts.

July 23, 2001.

Attorney(s) appearing for the Case

Fred H. Dunker, S.E.C.C. W. 33133-C-II, Bridgewater, MA, for Fred H. Dunker.

William J. Meade, Assistant Attorney General, Criminal Bureau, Pamela L. Hunt, Attorney Generals Office, Chief, Appellate Division, Thomas Dee, Assistant Attorney General, Criminal Bureau, Boston, MA, for Commonwealth of Massachusetts, Lynne Bissonette.

ORDER ON MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION

STEARNS, District Judge.

The petition, as the Magistrate Judge recognizes, raises difficult issues which in some respects have not been addressed in this Circuit. Nonetheless, because I agree with the Magistrate-Judge's state action and equitable tolling analysis, which is commendable for its clarity and scholarship, I will ADOPT her Recommendation and dismiss the petition with prejudice...

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