WILBUR v. FITZPATRICK et al, No. 1:2018cv00255 - Document 30 (D. Me. 2019)

Court Description: ORDER AFFIRMING THE RECOMMENDED DECISION OF THE MAGISTRATE JUDGE - adopting Report and Recommended Decision re 29 Report and Recommendations for 24 Motion for Summary Judgment. By JUDGE NANCY TORRESEN. (mnw)
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WILBUR v. FITZPATRICK et al Doc. 30 UNITED STATES DISTRICT COURT DISTRICT OF MAINE JAMES SCOTT WILBUR, Plaintiff, v. JOSEPH FITZPATRICK, et al., Defendants ) ) ) ) ) ) Docket No. 1:18-cv-255-NT ) ) ) ORDER AFFIRMING THE RECOMMENDED DECISION OF THE MAGISTRATE JUDGE On April 17, 2019, the United States Magistrate Judge filed with the court, with copies to the parties, his Recommended Decision (ECF No. 29). The time within which to file objections has expired, 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 and the Defendants’ motion for summary judgment is GRANTED IN PART and DENIED IN PART. Specifically, the Defendants’—Troy Ross, Harold Abbott, Shane Blakely, Eric Bueno, and Joseph Theriault—motion for summary judgment on the due process claim is GRANTED as to all remaining Defendants and the Defendants’ motion for summary judgment on the excessive force claim is GRANTED as to all remaining Defendants except Charles Horton. Defendant Charles Horton’s motion for summary judgment on the excessive force Dockets.Justia.com claim is DENIED. The only remaining claim is against Defendant Charles Horton for use of excessive force. SO ORDERED. /s/ Nancy Torresen United States District Judge Dated this 29th day of May, 2019. 2