MESSIER et al v. INTERNAL REVENUE et al, No. 2:2012cv00320 - Document 109 (D. Me. 2013)
Court Description: ORDER AFFIRMING RECOMMENDED DECISION OF THE MAGISTRATE JUDGE - granting 24 Motion to Dismiss; granting 26 Motion to Dismiss; granting 27 Motion to Dismiss; granting 28 Motion to Dismiss; granting 29 Motion to Dismiss; granting 31 Mo tion to Dismiss; granting 40 Motion to Dismiss for Failure to State a Claim; granting 45 Motion to Dismiss for Failure to State a Claim; terminating as moot 59 Motion to Conditionally Dismiss the Case ; granting 63 Motion to Dismiss; ter minating as moot 67 Motion for Default Judgment; terminatingas moot 67 Motion for Summary Judgment; terminating as moot 68 Motion for Default Judgment; adopting Report and Recommended Decision re 95 Report and Recommendations ; granting 96 Motion to Dismiss for Lack of Jurisdiction. By JUDGE D. BROCK HORNBY. (mnw)
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UNITED STATES DISTRICT COURT DISTRICT OF MAINE F. WILLIAM MESSIER, ET AL., PLAINTIFFS v. INTERNAL REVENUE SERVICE, ET AL., DEFENDANTS ) ) ) ) ) ) ) ) ) ) CIVIL NO. 2:12-CV-320-DBH ORDER AFFIRMING RECOMMENDED DECISION OF THE MAGISTRATE JUDGE On January 7, 2013, the United States Magistrate Judge filed with the court, with copies to the parties, her Recommended Decision on the defendants motions to dismiss. The plaintiffs filed their objection to the Recommended Decision on January 14, 2013. I have reviewed and considered the Recommended Decision, together with the entire record; I have made a de novo determination of all matters adjudicated by the Recommended Decision; and 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. The defendants motions to dismiss are GRANTED. In addition, the motion to dismiss filed by the defendant Radio Communications Management, Inc. on January 7, 2013, is GRANTED for the same reasons articulated in the Recommended Decision. All motions filed by the plaintiffs are TERMINATED AS MOOT. SO ORDERED. DATED THIS 4TH DAY OF FEBRUARY, 2013 /S/D. BROCK HORNBY D. BROCK HORNBY UNITED STATES DISTRICT JUDGE 2
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