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Cavitt v. Saba

United States District Court, D. Massachusetts

October 31, 2014

BRIAN Cavitt, Petitioner,
v.
JAMES SABA, Superintendent, Respondent

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Page 84

Brian Cavitt, Petitioner, Pro se, South Walpole, MA.

For James Saba, Superintendent, Respondent: Anne Marie Thomas, LEAD ATTORNEY, Office of the Attorney General, Boston, MA; Annette C. Benedetto, LEAD ATTORNEY, Department of Attorney General, Boston, MA; Jennifer L. Sullivan, LEAD ATTORNEY, Office of the Attorney General (MA), Worcester, MA.

Page 85

MEMORANDUM AND ORDER

WILLIAM G. YOUNG, DISTRICT JUDGE.

I. INTRODUCTION

Brian Cavitt (" Cavitt" ) brings this pro se petition seeking a writ of habeas corpus pursuant to 28 U.S.C. section 2254 (" section 2254" ). Pet. 28 U.S.C. § 2254 Writ Habeas Corpus Person State Custody (" Pet." ), ECF No. 6. Cavitt presents four grounds for relief: (1) whether the " [j]udge erred in denying [a] motion for new trial where trial counsel failed to pursue suppression of a pair of sneakers, notwithstanding a lack of probable cause for search and seizure," id. at 6; (2) whether the " [j]udge erred in denying [a] motion to suppress evidence where the search warrant affidavit was not supported by probable cause because the veracity of an 'unknown' citizen informant was not adequately demonstrated," id. at 8; (3) whether the " [j]udge erred in denying [a] motion to suppress a photographic identification made [by] a 13[-]year-old witness that was a result of undue suggestion by police," id. at 9; and (4) whether the " [j]udge erred in allowing [the] introduction of inconclusive [DNA] evidence [without] the requisite explanatory statistical support," id. at 11. James Saba (" Saba" ), Cavitt's immediate custodian, opposes the petition in its entirety. Resp't James Saba's Mem. Opp'n Brian Cavitt's Pet. Writ Habeas Corpus (" Saba's Opp'n" ), ECF No. 35.

A. Procedural Posture

Cavitt filed his petition for a writ of habeas corpus on October 9, 2012, raising eight grounds for relief. Pet. Saba moved to dismiss the petition for failure to exhaust state court remedies on four of the eight grounds on December 3, 2012. Resp't's Mot. Dismiss Failure Exhaust State Ct. Remedies, ECF No. 13. On January 7, 2013, the Court granted the motion and entered an order of dismissal. Order, ECF No. 15; Order Dismissal, ECF No. 16. Cavitt moved for reconsideration and asked the Court for permission to withdraw his unexhausted grounds for relief, Mot. Recons. Habeas Corpus Pet., ECF No. 17, and on January 31, 2013, the Court entered the following order: " Upon reconsideration ground[s] 5-8 are unequivocally waived and the case may proceed on counts 1-4 alone." Elec. Order, Jan. 31, 2013, ECF No. 18.

On February 15, 2013, Saba presented his answer to the habeas petition. Resp't's Answer, ECF No. 25. On October 21, 2013, Cavitt filed a memorandum of law in support of his petition. Pet'r's Mem. Law Supp. Pet. Habeas Corpus (" Cavitt's Mem." ), ECF No. 32. Saba then filed his opposition on December 12, 2013, Saba's Opp'n, to which Cavitt replied one week later, Pet'r Brian ...


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