WITHAM v. CORIZON INC et al, No. 2:2012cv00146 - Document 34 (D. Me. 2012)

Court Description: ORDER AFFIRMNG THE RECOMMENDED DECISION OF THE MAGISTRATE JUDGE re: adopting 29 Report and Recommendations. ; granting 6 Motion to Dismiss for Failure to State a Claim By JUDGE NANCY TORRESEN. (mjlt)

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UNITED STATES DISTRICT COURT DISTRICT OF MAINE GLEN A. WITHAM, Plaintiff, v. CORIZON, INC., et al, Defendants. ) ) ) ) ) ) ) Civil No. 2:12-cv-00146-NT ORDER AFFIRMING THE RECOMMENDED DECISION OF THE MAGISTRATE JUDGE The United States Magistrate Judge filed with the Court on September 17, 2012, her Recommended Decision (Docket No. 29). The Plaintiff filed his Objection to the Recommended Decision (Docket No. 31) on October 1, 2012. Defendants filed their their Response to the Defendants objections (Docket No. 32) on October 15, 2012. 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 further ORDERED the Defendants motion to dismiss and dismiss with prejudice all federal constitutional and statutory claims be GRANTED. 1 3. It is further ORDERED that, to the extent that they have been pled in the Verified Complaint, any state law claims are DISMISSED WITH PREJUDICE. SO ORDERED. /s/ Nancy Torresen NANCY TORRESEN UNITED STATES DISTRICT JUDGE Dated this 23rd day of October, 2012 2

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