RUFFIN v. BRANN et al

Filing 53

ORDER affirming Report and Recommended Decision re 50 Report and Recommendations; granting 24 Motion to Dismiss. By JUDGE JOHN A. WOODCOCK, JR. (jgw)

UNITED STATES DISTRICT COURT DISTRICT OF MAINE DANIEL O. RUFFIN, Plaintiff, v. BRUCE BRANN, et al., Defendants. ) ) ) ) ) ) ) ) )

CV-09-87-B-W

ORDER AFFIRMING THE RECOMMENDED DECISION OF THE MAGISTRATE JUDGE No objection having been filed to the Magistrate Judge's Recommended Decision filed October 13, 2009, the Recommended Decision is accepted. Accordingly, it is hereby ORDERED that the Motion to Dismiss (Docket #24) be and hereby is GRANTED and so much of the Complaint and the purported Amended Complaint is dismissed as alleges an official capacity claim against any defendant and the personal capacity claims against Brann, Magnusson, Merrill, Fowles, and Pease because the Complaint and the Complaint as amended fail to state a claim as to those five individuals. SO ORDERED. /s/ John A. Woodcock, Jr.___________ JOHN A. WOODCOCK, JR. CHIEF UNITED STATES DISTRICT JUDGE Dated this 5th day of November, 2009