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ATKINS v. CLARKE

No. 10-1870.

642 F.3d 47 (2011)

Larry ATKINS, Petitioner, Appellant, v. Harold C. CLARKE, Respondent, Appellee.

United States Court of Appeals, First Circuit.

Decided April 13, 2011.

Attorney(s) appearing for the Case

David Shaughnessy , for appellant.

Amy L. Karangekis , Assistant Attorney General, with whom Martha Coakley , Attorney General, was on brief, for appellee.

Before LYNCH, Chief Judge, SELYA and HOWARD, Circuit Judges.

LYNCH, Chief Judge.

The Supreme Court's new decision in Cullen v. Pinholster, ___ U.S. ___, 131 S.Ct. 1388, 179 L.Ed.2d 557 (2011), requires that we reject this appeal from a denial of a request for an evidentiary hearing in relation to a petition for habeas corpus.

On May 9, 2005, petitioner Larry Atkins was convicted in Massachusetts state court of unlawful possession of a firearm as well as unlawful possession of...

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