MILLAY v. STATE OF MAINE DEPARTMENT OF LABOR

Filing 35

ORDER AFFIRMING THE RECOMMENDED DECISION OF THE MAGISTRATE JUDGE-re 31 Report and Recommendations granting 26 Motion to Amend. REMINDER: After entry of this Order, if Amending a COMPLAINT, counsel are REQUIRED to separately file the AMENDED COMPLAINT Document By JUDGE NANCY TORRESEN. (dfr)

UNITED STATES DISTRICT COURT
DISTRICT OF MAINE
JOHN M. MILLAY,
Plaintiff,
v.
STATE OF MAINE,
DEPARTMENT OF LABOR
BUREAU OF REHABILITATION,
DIVISION FOR THE BLIND
AND VISUALLY IMPAIRED
Defendants.

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1:11-CV-00438-NT

ORDER AFFIRMING THE
RECOMMENDED DECISION OF THE MAGISTRATE JUDGE
The United States Magistrate Judge filed with the Court on September
21, 2012 her Recommended Decision (ECF No. 31). The Plaintiff filed his
Objection to the Recommended Decision (ECF No. 33) on October 3, 2012.
Defendants filed their Response to Objection to the Recommended Decision
(ECF No. 34) on October 12, 2012.
I have reviewed and considered the Magistrate Judge's Recommended
Decision, together with the entire record; I have made a de novo
determination of all matters adjudicated by the Magistrate Judge's
Recommended Decision; and I concur with the recommendations of the
United States Magistrate Judge for the reasons set forth in her
Recommended Decision.

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1. It is therefore ORDERED that the Recommended Decision of the
Magistrate Judge is hereby AFFIRMED.
2. It is further ORDERED that the Plaintiff’s Second Motion to
Amend (ECF No. 26) is GRANTED, and Plaintiff is directed to file
an amended complaint that modifies his plea for relief to seek only
injunctive relief and equitable reimbursement.
SO ORDERED.

/s/Nancy Torresen
United States District Judge
Dated this 5th day of December, 2012.

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