KILROY v. MAINE, STATE OF et al

Filing 19

ORDER adopting 16 Report and Recommended Decision for 10 Motion to Dismiss filed by BRENDA M HARVEY, JANET T MILLS, MAINE, STATE OF and 1 Complaint filed by TIMOTHY KILROY; granting 10 Motion to Dismiss, dismissing with prejudice 1 Complaint. By JUDGE JOHN A. WOODCOCK, JR. (MFS)

UNITED STATES DISTRICT COURT DISTRICT OF MAINE TIMOTHY KILROY, Individually and on behalf of KOK, KBK, EAK, KEG, Plaintiff, v. MAINE, STATE OF, et al., Defendants. ) ) ) ) ) ) ) ) ) )

CV-09-324-B-W

ORDER AFFIRMING THE RECOMMENDED DECISION OF THE MAGISTRATE JUDGE The United States Magistrate Judge filed with the Court on January 8, 2010 her Recommended Decision (Docket # 16). Plaintiff filed his objections to the

Recommended Decision on January 25, 2010 (Docket # 17) and the Defendants filed their response to those objections on February 10, 2010 (Docket # 18). The Court has reviewed and considered the Magistrate Judge's Recommended Decision, together with the entire record, and has made a de novo determination of all matters adjudicated by the Magistrate Judge's Recommended Decision. The Court concurs with the

recommendations of the United States Magistrate Judge for the reasons set forth in her Recommended Decision. 1. It is therefore ORDERED that the Recommended Decision of the Magistrate Judge (Docket # 16) is hereby AFFIRMED; 2. It is further ORDERED that Defendants' Motion to Dismiss (Docket # 10) be and hereby is GRANTED; and, 3. It is further ORDERED that the Plaintiff's Complaint (Docket # 1) be and hereby is DISMISSED with prejudice for failure to state a claim.

SO ORDERED. /s/ John A. Woodcock, Jr. JOHN A. WOODCOCK, JR. CHIEF UNITED STATES DISTRICT JUDGE Dated this 22nd day of February, 2010

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