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PENTLARGE v. MURPHY

Civil Action No. 01cv11099-NG.

541 F.Supp.2d 421 (2008)

Joel PENTLARGE and Edward Given, Plaintiffs, v. Robert MURPHY, et al., Defendants.

United States District Court, D. Massachusetts.

March 31, 2008.

Attorney(s) appearing for the Case

Hilary B. Dudley, Joshua W. Gardner, John A. Houlihan, Edwards Angell Palmer & Dodge LLP, John G. Swomley, Swomley & Associates, Boston, MA, Harry L. Miles Green, Miles, Lipton, White & Fitz-Gibbon, Northampton, MA, for Plaintiffs.

Brian P. Mansfield, Department of Corrections, Mary P. Murray, Department of Corrections, Legal Division, Bridgewater, MA, Kevin W. Mulvey, Mulvey Sneider & Freyman LLP, Chestnut Hill, MA, for Defendants.

MEMORANDUM AND ORDER RE: MOTION TO DISMISS

NANCY GERTNER, District Judge.

The Court hereby ADOPTS IN PART and DECLINES TO ADOPT IN PART the Report and Recommendations of the Magistrate Judge (document # 148).1 The Court adopts the entirety of the Report and Recommendations, with the important exception of the section relating to the plaintiffs' allegations, contained in Count III of the Second Amended Complaint...

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