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HOLMES v. CONSTANTINO

C.A. No. 12-931.

999 F.Supp.2d 345 (2014)

Herbert HOLMES, Plaintiff, v. Steven CONSTANTINO, in his official capacity as Secretary of R.I. Executive Office of Health & Human Services and Sandra Powell, in her official capacity a Director of the R.I. Department of Human Services, Defendants.

United States District Court, D. Rhode Island.

Signed February 19, 2014.

Attorney(s) appearing for the Case

Gretchen M. Bath , Rhode Island Legal Services, Inc., Providence, RI, for Plaintiff.

Deborah A. Barclay , State of Rhode Island, Gregory A. Madoian , Robbio & Nottie, Ltd., Cranston, RI, Thomas A. Palombo , Attorney General's Office, Providence, RI, for Defendants.

OPINION AND ORDER

RONALD R. LAGUEUX, Senior District Judge.

This matter is before the Court on the Motion of Defendants to dismiss Plaintiff's complaint through entry of judgment on the pleadings, pursuant to Fed. R.Civ.P. Rule 12(c). Plaintiff Herbert Holmes seeks this Court's review of Defendants' interpretation and application of federal regulation 20 C.F.R. § 416.930; the misinterpretation of which, Plaintiff alleges, resulted in Defendants...

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