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KILBURN v. MALONEY

No. CIV.A.98-12156-RGS.

383 F.Supp.2d 247 (2005)

Andrew W. KILBURN v. Michael T. MALONEY

United States District Court, D. Massachusetts.

August 1, 2005.

Attorney(s) appearing for the Case

Thomas Dee, Attorney General's Office, Boston, MA, for Michael Maloney, Defendant.

Stephen B. Hrones, Hrones & Garrity, Boston, MA, for Andrew W. Kilburn, M.C.I. Cedar Junction, Plaintiff Pro Se.

Natalie S Monroe, Attorney General's Office, Boston, MA, for Michael Maloney, Defendant.

Susanne G. Reardon, Attorney General's Office, Boston, MA, for Larry E. Dubois, Defendant.

MEMORANDUM AND ORDER ON MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION

STEARNS, District Judge.

I have reviewed Magistrate Judge Dein's Report and Recommendation, the petitioner's lengthy objections and supporting materials, and the underlying decisions of the Supreme Judicial Court (SJC) in Commonwealth v. Kilburn (I), 426 Mass. 31, 686 N.E.2d 961 (1997), and Commonwealth v. Kilburn (II),

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