COUSINS et al v. HIGGINS et al, No. 1:2014cv00515 - Document 55 (D. Me. 2017)

Court Description: ORDER AFFIRMING RECOMMENDED DECISION OF THE MAGISTRATE JUDGE - adopting Report and Recommended Decision re 53 Report and Recommendations for 40 Motion to Dismiss. By JUDGE D. BROCK HORNBY. (mnw)

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COUSINS et al v. HIGGINS et al Doc. 55 UNITED STATES DISTRICT COURT DISTRICT OF MAINE ROBERT L. COUSINS COUSINS, AND JUDY A. PLAINTIFFS V. KEITH HIGGINS, HEATH HIGGINS, TADD JEWETT, MATTHEW TETREAULT, MATTHEW LINDSLEY, COLTON SANBORN, SAMUEL CHISHOLM, AND TOWN OF TREMONT, DEFENDANTS ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) CIVIL NO. 1:14-CV-515-DBH ORDER AFFIRMING RECOMMENDED DECISION OF THE MAGISTRATE JUDGE On March 10, 2017, the United States Magistrate Judge filed with the court, with copies to the parties, his Amended Recommended Decision on Defendants’ Motion to Dismiss and Upon Review of Plaintiffs’ Amended Complaint under 28 U.S.C. § 1915. The plaintiffs filed an objection to the original Recommended Decision, and I treat that objection as applying to the Amended Recommended Decision as well. I have reviewed and considered the Amended Recommended Decision, together with the entire record; I have made a de novo determination of all matters adjudicated by the Amended Recommended Decision; and I concur with the recommendations of the United States Magistrate Judge for the reasons set Dockets.Justia.com forth in the Amended Recommended Decision and determine that no further proceeding is necessary. It is therefore ORDERED that the Amended Recommended Decision of the Magistrate Judge is hereby ADOPTED. Counts I, III, V, VI, VII, IX, X, XIV, XIII, XV and XVI of the Amended Complaint are DISMISSED. The defendants MD Islander, Alan Baker, Earl Brecklin, Mark Good, Wayne Patton, Thomas Chisolm, Debbi Nickerson and Dana Reed are DISMISSED without service. Service of the Amended Complaint is ORDERED on the defendants Town of Tremont, Tremont Volunteer Fire Department, Colton Sanborn and Samuel Chisolm. SO ORDERED. DATED THIS 30TH DAY OF MARCH, 2017 /S/D. BROCK HORNBY D. BROCK HORNBY UNITED STATES DISTRICT JUDGE 2

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