Not for Publication in West's Federal Reporter United States Court of Appeals For the First Circuit No. 11-2214 JOHN WHITNEY, Petitioner, Appellant, v. LUIS SPENCER, Respondent, Appellee.

APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MASSACHUSETTS [Hon. Mark L. Wolf, U.S. District Judge]

Before Lynch, Chief Judge, Lipez and Howard, Circuit Judges.

Joseph F. Krowski for appellant.

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

August 30, 2012