GOING v. LAPREL et al, No. 2:2014cv00031 - Document 66 (D. Me. 2014)
Court Description: ORDER AFFIRMING THE RECOMMENDED DECISION OF THE MAGISTRATE JUDGE re 59 Report and Recommendations-granting 19 Motion to Dismiss for Failure to State a Claim; granting 20 Motion to Dismiss for Failure to State a Claim; granting 22 Motion to Dismiss; granting 35 Motion to Dismiss for Failure to State a Claim; granting 61 Motion to Dismiss By JUDGE NANCY TORRESEN. (dfr)
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GOING v. LAPREL et al Doc. 66 UNITED STATES DISTRICT COURT DISTRICT OF MAINE DOUGLAS J. GOING Plaintiff, v. ALAYNA J. LAPREL, et al, Defendants. ) ) ) ) ) ) ) Civil No. 2:14-cv-00031-NT ORDER AFFIRMING THE RECOMMENDED DECISION OF THE MAGISTRATE JUDGE The United States Magistrate Judge filed with the Court on September 29, 2014, his Recommended Decision (ECF No. 59). The Plaintiff filed his Objection to the Recommended Decision (ECF No. 60) on October 15, 2014. On October 16, 2014, Defendant Louis Ray Going filed a motion to dismiss (ECF No. 60). Defendants William Broderick, Ellen Gorman, Thomas Humphrey and Mary Gay Kennedy filed their response to the Plaintiff’s objection on October 27, 2014 (ECF No. 63). Defendants Alayna Laprel and Neal Smith filed their response to the Plaintiff’s objection on October 31, 2014 (ECF No. 64). Defendants Richard Going and Frederick Clay Going filed their response to the Plaintiff’s objection on November 3, 2014 (ECF No. 65). 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 his 1 Dockets.Justia.com Recommended Decision, and determine that no further proceeding is necessary. It is therefore ORDERED that the Recommended Decision of the Magistrate Judge is hereby AFFIRMED. Motions to Dismiss filed by Alayna Laprel, Neal Smith, William Broderick, Ellen Gorman, Thomas Humphrey, Mary Gay Kennedy, Jens Bergen, Richard Going, and Frederick Clay Going are hereby GRANTED. It is further ORDERED that Defendant Louis Ray Going’s motion to dismiss (ECF No. 61) is GRANTED on the basis that no objection was filed. Additionally, Louis Ray Going’s motion to dismiss incorporates the motions to dismiss asserted by Defendants Laprel, Smith, and Bergen. The Court notes that there is nothing in the Amended Complaint to suggest that Louis Ray Going is in a different position than Laprel, Smith, and Bergen. Accordingly, for reasons given in the Magistrate Judge’s Report and Recommended Decision to grant Laprel, Smith, and Bergen’s motions to dismiss, Louis Ray Going’s motion to dismiss is also granted. SO ORDERED. /s/ Nancy Torresen UNITED STATES DISTRICT JUDGE Dated this 14th day of November, 2014. 2
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