WIGGIN v. TOWN OF SEARSPORT

Filing 24

ORDER AFFIRMING RECOMMENDED DECISION OF THE MAGISTRATE JUDGE - adopting Report and Recommended Decision re 21 Report and Recommendations for 15 Motion for Summary Judgment filed by TOWN OF SEARSPORT. By JUDGE D. BROCK HORNBY. (mnw)

UNITED STATES DISTRICT COURT
DISTRICT OF MAINE
CARLTON WIGGIN,

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PLAINTIFF
V.

TOWN OF SEARSPORT,
DEFENDANT

CIVIL NO. 1:13-CV-409-DBH

ORDER AFFIRMING RECOMMENDED DECISION
OF THE MAGISTRATE JUDGE
On October 31, 2014, the United States Magistrate Judge filed with the
court, with copies to counsel, his Recommended Decision on the Defendant’s
Motion for Summary Judgment.

The defendant filed an objection to the

Recommended Decision on November 17, 2014. I have reviewed and considered
the Recommended Decision, together with the entire record; I have made a de
novo determination of all matters adjudicated by the Recommended Decision;
and I concur with the recommendations of the United States Magistrate Judge
for the reasons set forth in the Recommended Decision, and determine that no
further proceeding is necessary.
It is therefore ORDERED that the Recommended Decision of the Magistrate
Judge is hereby ADOPTED. The defendant’s motion for summary judgment is
GRANTED

IN PART

and DENIED

IN PART.

Judgment is entered in favor of the

defendant on the plaintiff’s claims arising out of defendant’s entry onto and

search of the plaintiff’s property, and arising out of the defendant’s seizure of the
personal property identified in the warrant by which the search was conducted.
The motion is otherwise DENIED with the understanding that the plaintiff’s
remaining claim consists of the plaintiff’s contention that the defendant
improperly seized the generator.
SO ORDERED.
DATED THIS 5TH DAY OF DECEMBER, 2014
/S/D. BROCK HORNBY
D. BROCK HORNBY
UNITED STATES DISTRICT JUDGE

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