MARINO v. COMMISSIONER, MAINE DEPARTMENT OF CORRECTIONS et al

Filing 36

ORDER AFFIRMING THE RECOMMENDED DECISION OF THE MAGISTRATE JUDGE re 34 Report and Recommendations; ORDER denying 24 Motion to Dismiss. By JUDGE GEORGE Z. SINGAL. (lrc)

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UNITED STATES DISTRICT COURT DISTRICT OF MAINE TINO MARINO, ) ) Plaintiff ) v. ) ) COMMISSIONER MAGNUSSON, et al., ) ) Defendant ) Civil No. 08-326-B-S ORDER AFFIRMING THE RECOMMENDED DECISION OF THE MAGISTRATE JUDGE No objections having been filed to the Magistrate Judge's Recommended Decision (Docket No. 34) filed April 28, 2009, the Recommended Decision is AFFIRMED. Accordingly, it is ORDERED that the Defendant's Motion to Dismiss (Docket No. 24) is DENIED as to the 42 U.S.C. § 1983 claim and as to the state law claims. _/s/ George Z. Singal __ United States District Judge Dated this 18th day of May, 2009.

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