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CASANOVA v. DUBOIS

No. 99-1838.

289 F.3d 142 (2002)

Raul CASANOVA, Demond Hicks, Kevin Bush, Antwyan Pridgett, Joseph D. Williams, Gary Bon, And John Carter, Plaintiffs, Appellants, v. Larry E. DUBOIS, Ronald Duval, Steven Ayala, Daniel George Sullivan, Edward Klos, Robert Daigle, Richard Holden, Richard E. Kelly, William Kelly, James B. Hetherson, James Coffone, Patrick Smith, John Brodbeck, Bruce Tessier, William Grossi, Richard Deraleau, Edward Rizzi, Kevin Deschamps, Timothy J. Bolton, Wayne Belisle, Scott A. Galsband, Scott T. Regan, Richard Busa, Kenneth Perron, Steven Lydon, Donald Denomme, Brian Ford, Robert J. Blood, Michael Allan, Fred Callender, James S. Roberts, Roland Gonsalves, Thomas Perkins, Kenneth Ayala, Thomas Fisher, Steven N. Dehestani, Ronald Goncalves, John Bruce, Paul Aucoin, Thomas Borroni, Kenneth J. Silva, Sr., Mark O'Reilly, Russell S. Hallett, William Comeau, Ernest Therrien, Scott Callender, Khalid N. Khan, MD, Christine Malmquist, Naomi Baker, Bernadette Melendy, D. Michel, RN, and Maureen Mcimn, Defendants, Appellees.

United States Court of Appeals, First Circuit.

Decided May 6, 2002.

Attorney(s) appearing for the Case

Toni G. Wolfman, with whom Megan H. Mack, William W. Fick, and Foley, Hoag & Eliot LLP, were on brief, for appellants.

Joel J. Berner, Counsel, with whom Nancy Ankers White, Special Assistant Attorney General, was on brief for appellees.

Before SELYA, Circuit Judge, BOWNES, Senior Circuit Judge, and STAHL, Senior Circuit Judge.

STAHL, Senior Circuit Judge.

Appellants, inmates at MCI Cedar Junction, have appealed from the sua sponte dismissal of their complaint by the district court on the basis that the majority of their claims were time-barred and that the non-barred claims failed to allege facts that rose to the level of a constitutional violation. Appellees challenge the jurisdiction of this court to consider the appeal of all of the appellants except that of Raul Casanova for...

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