SOUCY v. SERGEANT THOMAS AVERILL, et al., No. 1:2020cv00024 - Document 77 (D. Me. 2021)

Court Description: ORDER ACCEPTING THE RECOMMENDED DECISION OF THE MAGISTRATE JUDGE accepting Report and Recommendations re: 73 Report and Recommendations; granting 61 Motion for Summary Judgment filed by BRANDON SOPER, STATE OF MAINE, TOUCHETTE, THOMAS AVERILL. By JUDGE JON D. LEVY. (mlm)

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SOUCY v. SERGEANT THOMAS AVERILL, et al. Doc. 77 UNITED STATES DISTRICT COURT DISTRICT OF MAINE RICKY SOUCY, SR., ) ) ) ) ) 1:20-cv-00024-JDL ) ) ) ) ) ) Plaintiff, v. MAINE DEPARTMENT OF CORRECTIONS, et al., Defendants. ORDER ACCEPTING THE RECOMMENDED DECISION OF THE MAGISTRATE JUDGE Defendants State of Maine, Averill, Touchette, and Soper (the “Defendants”) filed a Motion for Summary Judgment on June 22, 2021 (ECF No. 61). United States Magistrate Judge John C. Nivison filed his Recommended Decision on the motion with the Court on September 21, 2021 (ECF No. 73) pursuant to 28 U.S.C.A. § 636(b)(1)(B) (West 2021) and Fed. R. Civ. P. 72(b). The time within which to file objections has expired, and no objections have been filed. The Magistrate Judge provided notice that a party’s failure to object would waive the right to de novo review and appeal. I have reviewed and considered the Recommended Decision, together with the entire record, and have made a de novo determination of all matters adjudicated by the Magistrate Judge. I concur with the recommendations of the Magistrate Judge 1 Dockets.Justia.com for the reasons set forth in his Recommended Decision and determine that no further proceedings are necessary. It is therefore ORDERED that the Recommended Decision (ECF No. 73) of the Magistrate Judge is hereby ACCEPTED. The Defendants’ Motion for Summary Judgment (ECF No. 61) is GRANTED. SO ORDERED. Dated: November 1, 2021. /s/ JON D. LEVY CHIEF U.S. DISTRICT JUDGE 2

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