MEMORANDUM & ORDER
GORTON, District Judge.
This petition for a writ of habeas corpus, filed by petitioner Timothy Duguay, arises out of his first degree murder conviction returned on November 24, 1997 in the Massachusetts Superior Court Department for Plymouth County.
I. Background
On February 28, 2011, this Court held, for the reasons set forth in its February 22, 2011 ruling, Duguay v. Spencer,
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