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United States District Court District of Massachusetts ________________________________ ) MARK AUSTIN GILDAY, ) Petitioner, ) ) v. ) Civil Action No. ) 06-11441-NMG LUIS S. SPENCER, ) Respondent. ) ________________________________ ) MEMORANDUM & ORDER GORTON, J. Petitioner Mark Gilday ("Gilday") has moved for a certificate of appealability ("COA") so that he may appeal this Court's December, 2009 Memorandum and Order ("the December M&O") 1) denying his motion for reconsideration, 2) overruling his objections to Magistrate Judge Sorokin's Report and Recommendation ("R&R") to dismiss his 28 U.S.C.

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Massachusetts Law