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IN RE WHATLEY

No. CIV.A.05-11881 PBS.

396 F.Supp.2d 50 (2005)

In re Perry Lee WHATLEY Southwest Boston Senior Services, Inc., a/k/a Ethos, Plaintiff, v. Perry Lee Whatley and Dawn Johnson Whatley, Defendants.

United States District Court, D. Massachusetts.

October 25, 2005.

Attorney(s) appearing for the Case

James M. O'Sullivan, O'Sullivan & Associates, P.C., Norwell, for Southwest Boston Senior Services, Inc., Plaintiff.

Daniel J. Shea, Daniel J. Shea, P.C., St. Houston, TX, for Dawn Johnson Whatley, Perry Lee Whatley, Defendants.

Ken W. Shulman, Law Office of Ken, Shulman, Boston, for Perry Lee Whatley, Defendant.

MEMORANDUM AND ORDER

SARIS, District Judge.

Plaintiff ETHOS filed a petition for an order authorizing protective services for octogenarian Perry Lee Whatley on the ground of alleged elder abuse in the Massachusetts Probate & Family Court. Defendants removed and asserted a counterclaim pursuant to 42 U.S.C. § 1983. After hearing and a review of the briefs, I remand the action for lack of subject matter jurisdiction.

I. PROCEDURAL BACKGROUND...

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