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ELLSWORTH v. WARDEN

No. 02-1226.

333 F.3d 1 (2003)

Raymond ELLSWORTH, Petitioner, Appellant, v. WARDEN, New Hampshire State Prison, and Philip McLaughlin, Attorney General for the State of New Hampshire, Respondents, Appellees.

United States Court of Appeals, First Circuit.

Decided June 16, 2003.

Attorney(s) appearing for the Case

Andrew R. Schulman with whom Getman, Stacey, Tamposi, Schulthess & Steere, P.A. were on brief, for appellant.

James D. Rosenberg, Assistant Attorney General, for appellees.

Before BOUDIN, Chief Judge, TORRUELLA, SELYA, LYNCH, LIPEZ, and HOWARD, Circuit Judges.

OPINION EN BANC

BOUDIN, Chief Judge.

Raymond Ellsworth appeals from the district court's judgment denying his petition under 28 U.S.C. § 2254 (2000) for a writ of habeas corpus. Between 1988 and 1992, Ellsworth worked at the Spaulding Youth Center ("Spaulding"), a residential school and treatment facility for children with emotional, behavioral, and neurological impairments, in Northfield, New Hampshire. Ellsworth was a "cottage teacher" at Colcord...

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