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TETI v. BENDER

No. 06-2371.

507 F.3d 50 (2007)

Joseph TETI, Petitioner, Appellant, v. James BENDER, Acting Commissioner, Massachusetts Department of Correction, Respondent, Appellee.

United States Court of Appeals, First Circuit.

Decided November 8, 2007.

Attorney(s) appearing for the Case

Rosemary Curran Scapicchio, for petitioner.

Eva M. Badway, Assistant Attorney General, with whom Martha Coakley, Attorney General, was on brief, for respondent.

Before TORRUELLA, Circuit Judge, CAMPBELL, Senior Circuit Judge, and LYNCH, Circuit Judge.

LYNCH, Circuit Judge.

In this opinion we address some issues new to this circuit about practice under the federal habeas corpus statute, 28 U.S.C. § 2254. Joseph Teti appeals from the denial of his federal petition for habeas corpus relief.1 The primary question in this appeal is whether the federal district court erred in applying the presumption of correctness under 28 U.S.C. § 2254...

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