Kenneth Jackson v. Luis Spencer

Not for Publication in West’s Federal Reporter -
Citation Limited Pursuant to 1st Cir. Loc. R. 32.3
United States Court of Appeals
For the First Circuit
No. 02-2203
KENNETH JACKSON,
Petitioner, Appellant,
v.
LUIS SPENCER,
Respondent, Appellee.
APPEAL FROM THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MASSACHUSETTS
[Hon. Rya W. Zobel, U.S. District Judge]
Before
Boudin, Chief Judge,
Lipez and Howard, Circuit Judges.
Kenneth Jackson on brief pro se.
Thomas F. Reilly, Attorney General, and Cathryn A. Neaves,
Assistant Attorney General, on brief for appellee.
June 12, 2003

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Per Curiam. We have reviewed the parties' briefs and
the record on appeal. We affirm essentially for the reasons
stated in the district court's memorandum of decision, dated
August 12, 2002.
We reject appellant's contention that his habeas
petition was dismissed by the district court without notice and
an opportunity to be heard. Appellant, in fact, filed an
opposition to the state's motion to dismiss, which the court
considered. Although appellant sought to file a second
response to the motion to dismiss, the district court did not
abuse its discretion in refusing that request. Further, there
was no abuse of discretion in denying appellant's motion
seeking an evidentiary hearing.
Affirmed.

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