KENNAWAY v. GILLEN et al, No. 1:2022cv00036 - Document 32 (D. Me. 2023)

Court Description: ORDER ACCEPTING THE RECOMMENDED DECISION OF THE MAGISTRATE JUDGE accepting 30 Report and Recommended Decision; granting 27 Motion for Judgment on the Pleadings By JUDGE JON D. LEVY. (clp)

Download PDF
KENNAWAY v. GILLEN et al Doc. 32 Case 1:22-cv-00036-JDL Document 32 Filed 10/06/23 Page 1 of 2 PageID #: 112 UNITED STATES DISTRICT COURT DISTRICT OF MAINE JUSTIN G. KENNAWAY, Plaintiff, v. SHAWN GILLEN et al., Defendants. ) ) ) ) ) 1:22-cv-00036-JDL ) ) ) ) ORDER ACCEPTING THE RECOMMENDED DECISION OF THE MAGISTRATE JUDGE Plaintiff Justin G. Kennaway, proceeding pro se, initiated this action on February 7, 2022 (ECF No. 1). Kennaway filed an Amended Complaint on May 4, 2022 (ECF No. 9), alleging that he was unconstitutionally deprived of adequate medical care while he was a pretrial detainee at the Aroostook County Jail. Defendants Craig Clossey, Shawn Gillen, and Joseph Tompkins filed a Motion for Judgment on the Pleadings on June 30, 2023 (ECF No. 27). United States Magistrate Judge John C. Nivison filed his Recommended Decision on the Motion for Judgment on the Pleadings with the Court on September 7, 2023 (ECF No. 30), pursuant to 28 U.S.C.A. § 636(b)(1)(B) (West 2023) and Fed. R. Civ. P. 72(b). The time within which to file objections has expired, and no objections have been filed. The Magistrate Judge provided notice that a party’s failure to object would waive the right to de novo review and appeal. Dockets.Justia.com Case 1:22-cv-00036-JDL Document 32 Filed 10/06/23 Page 2 of 2 Notwithstanding this waiver, I have reviewed and PageID #: 113 considered the Recommended Decision, together with the entire record, and have made a de novo determination of all matters adjudicated by the Magistrate Judge. I concur with the recommendations of the Magistrate Judge for the reasons set forth in his Recommended Decision and determine that no further proceeding is necessary. It is therefore ORDERED that the Recommended Decision (ECF No. 30) of the Magistrate Judge is hereby ACCEPTED and Defendants’ Motion for Judgment on the Pleadings (ECF No. 27) is GRANTED. SO ORDERED. Dated this 6th day of October, 2023. /s/ Jon D. Levy CHIEF U.S. DISTRICT JUDGE

Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.