HARRIS v. LIBERTY et al, No. 1:2019cv00346 - Document 24 (D. Me. 2020)

Court Description: ORDER AFFIRMING RECOMMENDED DECISION OF THE MAGRISTRATE JUDGE 20 Report and Recommendations for 13 Motion to Dismiss filed by JOE MELQUIST, JOSHUA BLACK, TERRY SCOTT DRAKE, LIDIA BURNHAM, ANTHONY CANTILLO, TROY ROSS, JOE MANNING, JOE ENGSTFELD, RANDALL LIBERTY, DANIEL AMES, JOE MERRIFIELD By JUDGE LANCE E. WALKER. (CJD)

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HARRIS v. LIBERTY et al Doc. 24 UNITED STATES DISTRICT COURT DISTRICT OF MAINE DARIEN HARRIS, Plaintiff, V. RANDALL LIBERTY, et al., Defendants. ) ) ) ) ) ) ) ) ) 1:19-cv-00346-LEW ORDER AFFIRMING RECOMMENDED DECISION OF THE MAGISTRATE JUDGE On January 29, 2020, the United States Magistrate Judge filed with the court, with copies to counsel and to the parties, his Recommended Decision on Defendants’ Motion to Dismiss (ECF No. 13). The plaintiff filed objections to the Recommended Decision on February 18, 2020 (ECF No. 23). I have reviewed and considered the Recommended Decision, Plaintiff’s objections, and the entire record; I have made a de novo determination of all matters adjudicated by the Recommended Decision; I concur with the recommendations of the United States Magistrate Judge for the reasons set forth in the Recommended Decision, and determine that no further proceeding is necessary. It is therefore ORDERED that the Recommended Decision of the Magistrate Judge is hereby ADOPTED. Plaintiff’s claims based on the grievance procedure, alleged threats, strip search, and false report are DISMISSED. Plaintiff’s claims for supervisory liability and permanent injunctive relief are likewise DISMISSED. As described in the Recommended Decision, Plaintiff may proceed only on his Eighth Amendment claim Dockets.Justia.com against Defendants Ross, Cantillo, Melquist, Manning, and Drake for subjecting him to unsanitary conditions of confinement. SO ORDERED. Dated this 5TH day of March, 2020. /s/ Lance E. Walker UNITED STATES DISTRICT JUDGE 2

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