MILLAY v. SURRY SCHOOL DEPARTMENT

Filing 31

ORDER adopting 25 Report and Recommended Decision for 13 Motion to Dismiss Counts II, III and IV filed by SURRY SCHOOL DEPARTMENT and for 15 Motion to Dismiss Count IV filed by MELISSA BECKWITH, OMAR NORTON, ERIC HERLAN, LYNN MADDOCKS, ROLAND CARON, JAMES BOOTHBY; granting 13 Motion to Dismiss; granting 15 Motion to Dismiss. By JUDGE JOHN A. WOODCOCK, JR. (MFS)

UNITED STATES DISTRICT COURT DISTRICT OF MAINE JOANNE M. MILLAY, as parent of minor child YRM, Plaintiff, v. SURRY SCHOOL DEPARTMENT, Defendants. ) ) ) ) ) ) ) ) ) )

CV-09-411-B-W

ORDER AFFIRMING THE RECOMMENDED DECISION OF THE MAGISTRATE JUDGE The United States Magistrate Judge filed with the Court on December 22, 2009 her Recommended Decision (Docket # 25). Plaintiff filed her objections to the

Recommended Decision on January 11, 2010 (Docket # 27) and the Defendants filed their response to those objections on January 20, 2010 (Docket # 30). 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 # 25) is hereby AFFIRMED; 2. It is further ORDERED that Defendant Surry School Department's Motion to Dismiss Counts II, III, and IV (Docket # 13) be and hereby is GRANTED; and, 3. It is further ORDERED that the Individual Defendants' Motion to Dismiss Count IV (Docket # 15) be and hereby is GRANTED.

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

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