AYER, et al. v. PIKE et al, No. 1:2010cv00414 - Document 34 (D. Me. 2011)

Court Description: ORDER AFFIRMING RECOMMENDED DECISION OF THE MAGISTRATE JUDGE - adopting Report and Recommended Decision re 33 Report and Recommendations for 26 Motion for Judgment on the Pleadings, Motion for Summary Judgment. By JUDGE D. BROCK HORNBY. (mnw)

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UNITED STATES DISTRICT COURT DISTRICT OF MAINE ) ) ) PLAINTIFFS ) ) v. ) ) DENNIS PIKE as Franklin County ) Sheriff, Franklin County, Maine, ) ET AL., ) ) DEFENDANTS ) STEPHEN WING ROBERT AYER, AND CIVIL NO. 1:10-cv-414-DBH ORDER AFFIRMING RECOMMENDED DECISION OF THE MAGISTRATE JUDGE On August 18, 2011, the United States Magistrate Judge filed with the court, with copies to counsel, her Recommended Decision on Motion for Judgment on the Pleadings and for Summary Judgment. The time within which to file objections expired on September 6, 2011, and no objections have been filed. The Magistrate Judge notified the parties that failure to object would waive their right to de novo review and appeal. It is therefore ORDERED that the Recommended Decision of the Magistrate Judge is hereby ADOPTED. Judgment on the pleadings as to Count I of the Complaint is GRANTED to all defendants except defendants Wyman and Quick. Also GRANTED is the summary judgment motion on the federal constitutional claims filed on behalf of all defendants except for the defendants Wyman and Quick who are not current summary judgment movants. SO ORDERED. DATED THIS 8TH DAY OF SEPTEMBER, 2011 /S/D. BROCK HORNBY D. BROCK HORNBY UNITED STATES DISTRICT JUDGE 2

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