BARD v. SMITH et al, No. 2:2008cv00193 - Document 29 (D. Me. 2008)
Court Description: ORDER adopting Report and Recommended Decision of the Magistrate Judge re 21 Report and Recommendations; granting 9 Motion to Dismiss; granting 15 Motion to Dismiss; granting 18 Motion to Dismiss; and dismissing Plaintiff's Complaint (Docket No. 1) for failure to state a claim, and further I decline to exercise pendant jurisdiction over any state law fraud/conspiracy claim. By JUDGE GEORGE Z. SINGAL. (MSH)
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UNITED STATES DISTRICT COURT District of Maine LEON E. BARD, JR., Plaintiff v. BRENDEN SMITH, et al, Defendant ) ) ) ) ) ) ) ) ) ) Civil No. 08-193-P-S ORDER AFFIRMING THE RECOMMENDED DECISION OF THE MAGISTRATE JUDGE The United States Magistrate Judge filed with the Court on July 23, 2008, her Recommended Decision (Docket No. 21). Plaintiff filed his Objection to the Recommended Decision (Docket No. 26) on August 25, 2008. Defendants, Dan Daggett and Robert Ireton-Hewitt, filed their Response to Plaintiff s Objection to the Recommended Decision (Docket No. 27) on September 12, 2008. Defendant, Brenden Smith, filed his Response to Plaintiff s Objection to the Recommended Decision (Docket No. 28) on September 12, 2008. I have reviewed and considered the Magistrate Judge's Recommended Decision, together with the entire record; I have made a de novo determination of all matters adjudicated by the Magistrate Judge's Recommended Decision; and I concur with the recommendations of the United States Magistrate Judge for the reasons set forth in her Recommended Decision, and determine that no further proceeding is necessary. 1. It is therefore ORDERED that the Recommended Decision of the Magistrate Judge is hereby AFFIRMED. 2. It is hereby ORDERED that Defendant Brenden Smith s Motion for Sanctions (Docket No. 8) is DENIED. 3. It is hereby ORDERED that Defendant Brenden Smith s Motion to Dismiss (Docket No. 9) is GRANTED. 4. It is hereby ORDERED that Defendant Dan Daggett s Motion to Dismiss (Docket 15) is GRANTED. 5. It is hereby ORDERED that Defendant Robert Ireton-Hewitt s Motion to Dismiss (Docket No. 18) is GRANTED. 6. It is hereby ORDERED that Plaintiff s Complaint (Docket No. 1) containing his 42 U.S.C. ยง 1983 and Rico counts is DISMISSED for failure to state a claim, and further I decline to exercise pendant jurisdiction over any state law fraud/conspiracy claim. /s/George Z. Singal_____________ Chief U.S. District Judge Dated: September 18, 2008
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