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16-10067 - Lovering v. Commonwealth of Massachusetts


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16-10067 - Lovering v. Commonwealth of Massachusetts
May 20, 2016
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Judge Allison D. Burroughs: ORDER entered. MEMORANDUM AND ORDER, GRANTING 7 MOTION to Dismiss for Lack of Jurisdiction and for Failure to State a Claim filed by Commonwealth of Massachusetts. "...As more fully discussed above, the Court grants the Defendants pending Motion to Dismiss [ECF No. 7] because the State of Massachusetts is immune from suit under the Eleventh Amendment. If Mr. Lovering wishes to pursue this action further, he should file an amended complaint that names the appropriate defendant(s) and contains additional factual allegations. The Court also notes that, though the time to do so may have passed, Mr. Lovering is entitled to judicial review in state court of the licensing authoritys unsuitability determination, and this litigation might be more appropriately pursued there. See Mass. Gen Laws ch. 140, ยง 131(f). So Ordered."(Folan, Karen)