MCBROOM STEES v. GUARD, MAINE STATE PRISON et al, No. 1:2014cv00133 - Document 43 (D. Me. 2015)
Court Description: ORDER AFFIRMING THE RECOMMENDED DECISION OF THE MAGISTRATE JUDGE 37 and denying 33 Motion for Summary Judgment and 33 Motion to Dismiss; and denying Plaintiff's Motion to Amend Scheduling Order 30 . By JUDGE GEORGE Z. SINGAL. (MSH)
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MCBROOM STEES v. GUARD, MAINE STATE PRISON et al Doc. 43 UNITED STATES DISTRICT COURT District of Maine WILLIAM MCBROOM STEES, Plaintiff v. GUARD, MAINE STATE PRISON, et als., Defendant ) ) ) ) ) ) ) ) ) ) No. 1:14-CV-00133-GZS ORDER AFFIRMING THE RECOMMENDED DECISION OF THE MAGISTRATE JUDGE The United States Magistrate Judge filed with the Court on January 26, 2015, his Recommended Decision (ECF No. 37). Plaintiff filed his Objection to the Recommended Decision (ECF No. 39) on February 6, 2015. Defendants filed their Objection to the Recommended Decision (ECF No. 40) on February 9, 2015. Defendants filed their Response to Plaintiff’s Objection to the Recommended Decision (ECF No. 41) on February 20, 2015. Plaintiff filed his Response to Defendants’ Objection to the Recommended Decision (ECF No. 42) on February 23, 2015. I have reviewed and considered the Magistrate Judge's Recommended Decision, together with the entire record; I have made a de novo determination of all matters adjudicated by the Magistrate Judge's Recommended Decision; and I concur with the recommendations of the United States Magistrate Judge for the reasons set forth in his Recommended Decision, and determine that no further proceeding is necessary. 1. It is therefore ORDERED that the Recommended Decision of the Magistrate Judge is hereby AFFIRMED. Dockets.Justia.com 2. It is hereby ORDERED that Defendants’ Motion to Dismiss and Motion for Summary Judgment (ECF No. 33) is DENIED. 3. It is ORDERED that Plaintiff’s Motion to Amend Scheduling Order (ECF No. 30) is DENIED. 4. The issue whether Plaintiff has exhausted his administrative remedies will be determined by this Court after an evidentiary hearing. /s/George Z. Singal_____________ U.S. District Judge Dated this 25th day of February, 2015.
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