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DELANEY v. MATESANZ

No. 99-1972.

264 F.3d 7 (2001)

Charles C. DELANEY III, Petitioner, Appellant, v. James MATESANZ et al., Respondents, Appellees.

United States Court of Appeals, First Circuit.

Decided September 5, 2001.

Attorney(s) appearing for the Case

Elizabeth L. Prevett, Federal Defender Office, with whom Owen S. Walker, Federal Defender and Charles C. Delaney III, pro se ipso, were on brief, for appellant.

Catherine E. Sullivan, Assistant Attorney General, Commonwealth of Massachusetts, with whom Thomas F. Reilly, Attorney General, was on brief, for appellees.

Before SELYA, Circuit Judge, COFFIN and STAHL, Senior Circuit Judges,

SELYA, Circuit Judge.

Petitioner-appellant Charles C. Delaney III, a Massachusetts state prisoner, sought a writ of habeas corpus in the United States District Court for the District of Massachusetts, but voluntarily withdrew his application when the Commonwealth pointed out that it contained unexhausted claims. After pursuing all available state remedies, the petitioner returned to federal court. At that juncture, the court dismissed his new application as untimely...

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