NADIM HAQUE v. CORRECTIONS et al, No. 2:2008cv00305 - Document 144 (D. Me. 2011)
Court Description: ORDER AFFIRMING RECOMMENDED DECISION OF THE MAGISTRATE JUDGE - mooting 90 Motion to Dismiss; granting 93 Motion for Summary Judgment; granting 97 Motion for Summary Judgment; mooting 133 Motion to Amend. ; adopting Report and Recommended Decision re 139 Report and Recommendations. By JUDGE D. BROCK HORNBY. (mnw)
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UNITED STATES DISTRICT COURT DISTRICT OF MAINE NADIM HAQUE, ) ) PLAINTIFF ) ) v. ) ) MARTIN A. MAGNUSSON, in his ) capacity as Commissioner of the Maine ) Department of Corrections, ET AL., ) ) DEFENDANTS ) CIVIL NO. 08-305-P-H ORDER AFFIRMING RECOMMENDED DECISION OF THE MAGISTRATE JUDGE On April 8, 20111, the United States Magistrate Judge filed with the court, with copies to the parties, her Recommended Decision on Motions for Summary Judgment. The plaintiff filed an objection to the Recommended Decision on April 26, 2011. I have reviewed and considered the Recommended Decision, together with the entire record; I have made a de novo determination of all matters adjudicated by the Recommended Decision; and I concur with the recommendations of the United States Magistrate Judge for the reasons set forth in the Recommended Decision, and determine that no further proceeding is necessary. The Recommended Decision says that the Magistrate Judge knows from [her] personal involvement in this case that Haque had the policy in hand by December 11, 2010. Recommended Decision at 3-4 (Docket Item 139). The year date is a typographical error. Docket Item 54 shows that Haque told the Magistrate Judge on December 11, 2009, that he had received the most recent revisions. It is ORDERED that the Recommended Decision of the Magistrate Judge is hereby ADOPTED. The motions for summary judgment as they relate to Haque s federal claims against all defendants are GRANTED. The Court declines to exercise supplemental jurisdiction over the state law Maine Administrative Procedures Act claim and that claim is DISMISSED WITHOUT PREJUDICE. The pending motions to dismiss and to amend the answer to the amended complaint are MOOT. SO ORDERED. DATED THIS 11TH DAY OF MAY, 2011 /S/D. BROCK HORNBY D. BROCK HORNBY UNITED STATES DISTRICT JUDGE 2
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