RUFFIN v. FITZPATRICK et al, No. 1:2014cv00453 - Document 23 (D. Me. 2015)

Court Description: ORDER AFFIRMING THE RECOMMENDED DECISION OF THE MAGISTRATE JUDGE 19 Report and Recommendations, granting 15 Motion to Amend, and granting in part and denying in part 12 Motion to Dismiss for Failure to State a Claim. REMINDER: After entry of this Order, if Amending a COMPLAINT, counsel are REQUIRED to separately file the AMENDED COMPLAINT. By JUDGE GEORGE Z. SINGAL. (MSH)

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RUFFIN v. FITZPATRICK et al Doc. 23 UNITED STATES DISTRICT COURT District of Maine DANIEL ONEIL RUFFIN, Petitioner v. JOSEPH FITZPATRICK, et als., Defendants. ) ) ) ) ) ) ) ) ) ) No. 1:14-cv-00453-GZS ORDER AFFIRMING THE RECOMMENDED DECISION OF THE MAGISTRATE JUDGE The United States Magistrate Judge filed with the Court on August 12, 2015, his Recommended Decision (ECF No. 19). Defendants filed their Objection to the Recommended Decision (ECF No. 20) on August 27, 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. 2. It is hereby ORDERED that Plaintiff’s Motion to Amend (ECF No. 15) is GRANTED. 3. It is hereby ORDERED that Defendants’ Motion to Dismiss (ECF No. 12) is GRANTED IN PART AND DENIED IN PART as follows: Dockets.Justia.com a. Plaintiff’s claims for monetary damages against Defendant Department of Corrections and against the individual Defendants acting in their official capacities is DISMISSED; b. Plaintiff’s due process claim is DISMISSED; c. Plaintiff’s claims against Commissioner Fitzpatrick are DISMISSED; d. Defendants’ Motion to Dismiss (ECF No. 12) is otherwise DENIED. /s/George Z. Singal_____________ U.S. District Judge Dated this 25th day of September, 2015.

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