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LOPEZ v. U.S.

No. CIV.A.2003-10916-RBC.

349 F.Supp.2d 179 (2004)

Angelo LOPEZ, Plaintiff, v. UNITED STATES of America, Defendant.

United States District Court, D. Massachusetts.

December 20, 2004.

Attorney(s) appearing for the Case

Joseph T. Desmond, Law Office of Dane Shulman, North Quincy, MA, for Angelo Lopez, Plaintiff.

Eugenia M. Carris, United States Attorney's Office, Boston, MA, for USA, United States Marshals Service, Defendants.

MEMORANDUM AND ORDER ON THE GOVERNMENT'S MOTION TO DISMISS PURSUANT TO FED. R. CIV. P. 12(b)(#4)

COLLINGS, United States Magistrate Judge.

I. Introduction

The Plaintiff, Angelo Lopez ("Lopez"), brings this action under the Federal Tort Claims Act ("FTCA"), 28 U.S.C. §§ 1346(b), 2671 et seq., against the United States Marshals Service ("USMS") and the United States, ("the Government"),2

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