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CAISSE v. DUBOIS

No. 03-1176.

346 F.3d 213 (2003)

Jesse CAISSE, Plaintiff, Appellant, v. Larry E. DUBOIS, Individually and as the former Commissioner of Correction; Michael Maloney, Individually and as the present Commissioner of Correction; John Noonan, Individually and as Director of Health Care Services Division; Diane Silver, Individually and as Director of Classification Division; Michael J. Ashe, Individually and as Sheriff of Hampden County Correctional Center; John Doe, Individually and as Sheriff of Hampshire County Sheriff's Office; William H. Coalter, Individually and as Superintendent of MCI/Concord; Unknown Members of Hampden County Correctional Center, Individually and in their official capacities; Unknown Staff Members of Hampshire County Sheriff's Office, Individually and in their official capacities; Unknown Members of MCI/Concord, Defendants, Appellees.

United States Court of Appeals, First Circuit.

Decided October 6, 2003.

Attorney(s) appearing for the Case

Sara Discepolo, for appellant.

Ernest L. Sarason, Jr., Assistant Attorney General, with whom Edward J. McDonough, Jr., Special Assistant Attorney General, and Thomas F. Reilly, Attorney General, were on brief for appellees.

Before TORRUELLA and HOWARD, Circuit Judges, and SCHWARZER, Senior District Judge.

PER CURIAM.

This is an appeal from the district court's denial of plaintiff Jesse Caisse's motion to vacate judgment pursuant to Fed.R.Civ.P. 60(b). The district court dismissed Caisse's action because he failed to serve the defendants with process even after receiving multiple extensions of time to do so. Caisse sought to vacate the judgment, claiming that he served the defendants in a timely fashion. Because the district court did not abuse its discretion in denying...

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