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16-10191 - Rios v. The United States of America

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16-10191 - Rios v. The United States of America
May 5, 2017
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Judge Denise J. Casper: ORDER entered. MEMORANDUM AND ORDER - The Court ALLOWS the motion to dismiss, D. 16, for the reasons articulated in this Memorandum and Order. Accordingly, the Court intends to dismiss this case for the reasons explained here and raised, sua sponte, at the motion hearing. Although the Court has considered the parties' arguments at that hearing and believes that the parties had fair notice and opportunity to be heard on these matters then, see McCulloch v. Vlez, 364 F.3d 1, 6-7 (1st Cir. 2004), if there is any matter that was not previously raised by Rios that he would like the Court to consider as to subject matter jurisdiction, Rios has until May 19, 2017 to make such filing, not to exceed ten (10) pages. If no such filing is received, the Court anticipates entering the order of dismissal soon after May 19, 2017. (Hourihan, Lisa)