ATER v. BATH POLICE DEPARTMENT et al, No. 2:2019cv00568 - Document 28 (D. Me. 2020)

Court Description: ORDER ACCEPTING THE RECOMMENDED DECISION OF THE MAGISTRATE JUDGE re: accepting 17 Report and Recommendations; denying 10 Motion to Dismiss for Failure to State a Claim. By JUDGE JON D. LEVY. (aks)

Download PDF
ATER v. BATH POLICE DEPARTMENT et al Doc. 28 Case 2:19-cv-00568-JDL Document 28 Filed 06/03/20 Page 1 of 2 PageID #: 123 UNITED STATES DISTRICT COURT DISTRICT OF MAINE MELISSA ATER, individually and on behalf of A.A., a minor child, Plaintiff, v. BATH POLICE DEPARTMENT, et al., Defendants. ) ) ) ) ) ) 2:19-cv-00568-JDL ) ) ) ) ORDER ACCEPTING THE RECOMMENDED DECISION OF THE MAGISTRATE JUDGE Plaintiff Melissa Ater brings this action against six defendants for damages arising out of her alleged assault and kidnapping on or about April 2, 2019. Defendant Maine Pretrial Services moves to dismiss the sole claim alleged against it in the complaint under Fed. R. Civ. P. 12(b)(6) (ECF No. 10). United States Magistrate Judge John H. Rich III filed his Recommended Decision on the motion to dismiss with the Court on May 7, 2020 (ECF No. 17), pursuant to 28 U.S.C.A. § 636(b)(1)(B) (West 2020) 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 Magistrate Judge’s Recommended Decision, together with the entire record, and have made a de novo determination of all matters adjudicated by the Magistrate Judge’s Recommended Decision. I concur 1 Dockets.Justia.com Case 2:19-cv-00568-JDL Document 28 Filed 06/03/20 Page 2 of 2 PageID #: 124 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 (ECF No. 17) is ACCEPTED and Defendant Maine Pretrial Services’ Motion to Dismiss (ECF No. 10) is DENIED. SO ORDERED. Dated this 3rd day of June, 2020. /s/ Jon D. Levy CHIEF U.S. DISTRICT JUDGE 2

Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.