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GRUNING v. DIPAOLO

No. 02-1341.

311 F.3d 69 (2002)

Stephen GRUNING, Petitioner, Appellant, v. Paul DIPAOLO, Respondent, Appellee.

United States Court of Appeals, First Circuit.

Decided November 15, 2002.

Attorney(s) appearing for the Case

Robert L. Sheketoff, for appellant.

James J. Arguin, Assistant Attorney General, Criminal Bureau, with whom Thomas F. Reilly, Attorney General, was on brief, for appellee.

Before BOUDIN, Chief Judge, TORRUELLA, Circuit Judge, and CYR, Senior Circuit Judge.

TORRUELLA, Circuit Judge.

This is an appeal from a judgment, dismissing petitioner-appellant Stephen Gruning's application for a writ of habeas corpus pursuant to 28 U.S.C. § 2254 (2000). Petitioner appealed below, and the district court issued a limited certificate of appealability ("COA") on the issue of whether the Massachusetts state court violated Gruning's constitutional rights when it refused to provide Gruning with exclusive access to the audio recording...

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