SOUCY v. MAINE DEPARTMENT OF CORRECTIONS et al, No. 1:2020cv00024 - Document 15 (D. Me. 2020)
Court Description: ORDER ACCEPTING THE RECOMMENDED DECISION OF THE MAGISTRATE JUDGE re: 13 Report and Recommendations. By JUDGE JON D. LEVY. (aks)
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SOUCY v. MAINE DEPARTMENT OF CORRECTIONS et al Doc. 15 Case 1:20-cv-00024-JDL Document 15 Filed 06/02/20 Page 1 of 2 PageID #: 88 UNITED STATES DISTRICT COURT DISTRICT OF MAINE RICKY SOUCY, SR., Plaintiff, v. MAINE DEPARTMENT OF CORRECTIONS, et al., Defendants. ) ) ) ) ) 1:20-cv-00024-JDL ) ) ) ) ) ORDER ACCEPTING THE RECOMMENDED DECISION OF THE MAGISTRATE JUDGE United States Magistrate Judge John C. Nivison filed his Recommended Decision (ECF No. 13) with the Court on February 24, 2020, pursuant to 28 U.S.C.A. § 636(b)(1)(B) (West 2020) and Fed. R. Civ. P. 72(b), regarding allegations by Ricky Soucy, Sr., an inmate incarcerated at the Maine State Prison, that the Defendants violated his rights under the Americans with Disabilities Act, the Rehabilitation Act, and the Eighth and Fourteenth Amendments to the United States Constitution. Soucy filed an objection to the Recommended Decision on March 9, 2020 (ECF No. 14). I have reviewed and considered the Magistrate Judge’s Recommended Decision, together with the entire record, including Soucy’s objection, and I have made a de novo determination of all matters adjudicated by the Magistrate Judge’s Recommended Decision. I concur with the recommendations of the United States Dockets.Justia.com Case 1:20-cv-00024-JDL Document 15 Filed 06/02/20 Page 2 of 2 PageID #: 89 Magistrate Judge for the reasons set forth in his Recommended Decision and determine that no further proceeding is necessary. It is therefore ORDERED that the Recommended Decision (ECF No. 13) of the Magistrate Judge is hereby ACCEPTED. Accordingly, Soucy’s claims relating to the adequacy of the prison’s grievance procedure, the alleged threats and verbal abuse he has experienced, and the alleged damage to his personal property are DISMISSED. Additionally, Soucy’s claims against the Maine Department of Corrections and the Maine State Prison are DISMISSED. Soucy may proceed on his Eighth Amendment claim against Officer Touchette, Officer Brandon Soper, and Sergeant Thomas Averill relating to his transport to the Medium Unit, and on his claims against the State of Maine under the ADA and Rehabilitation Act SO ORDERED. Dated this 2nd day of June, 2020. /s/ Jon D. Levy CHIEF U.S. DISTRICT JUDGE 2
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