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RODRIGUEZ v. RODEN

Civil Action No. 10-10774-RGS.

826 F.Supp.2d 319 (2010)

Anibal RODRIGUEZ v. Gary RODEN, Superintendent.

United States District Court, D. Massachusetts.

October 22, 2010.

Attorney(s) appearing for the Case

Amy L. Karangekis, Attorney General's Office, Springfield, MA, for Gary Roden.

David M. Skeels, Public Defenders Division of CPCS, Boston, MA, for Anibal Rodriquez.

ORDER ON REPORT AND RECOMMENDATION OF THE MAGISTRATE JUDGE

STEARNS, District Judge.

I agree with Magistrate Judge Collings's Recommendation that the petition should be dismissed on its merits notwithstanding petitioner's failure to exhaust. The Clerk will enter a dismissal with prejudice and close the case.1

SO ORDERED.

REPORT AND RECOMMENDATION ON RESPONDENT'S MOTION TO DISMISS (# 14)

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