HARRIMAN et al v. USA

Filing 13

ORDER adopting 10 Report and Recommended Decision for 7 Motion to Dismiss filed by USA, granting 7 Motion to Dismiss. By JUDGE JOHN A. WOODCOCK, JR. (MFS)

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UNITED STATES DISTRICT COURT DISTRICT OF MAINE GREGORY AND KATHRYN HARRIMAN, Plaintiffs, v. UNITED STATES OF AMERICA, Defendant. ) ) ) ) ) ) ) ) ) ) 1:13-cv-00450-JAW ORDER AFFIRMING THE RECOMMENDED DECISION OF THE MAGISTRATE JUDGE The United States Magistrate Judge filed with the Court on February 14, 2014 his Recommended Decision (ECF No. 10). The Plaintiffs filed their objections to the Recommended Decision on February 28, 2014 (ECF No. 11) and the Defendant filed its response to those objections on March 5, 2014 (ECF No. 12). 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 his Recommended Decision, and determine that no further proceeding is necessary. 1. It is therefore ORDERED that the Recommended Decision of the Magistrate Judge is hereby AFFIRMED. 2. It is further ORDERED that the Defendant’s Motion to Dismiss (ECF No. 7) be and hereby is GRANTED as Plaintiffs’ claim is barred by the doctrine of res judicata. SO ORDERED. /s/John A. Woodcock, Jr. JOHN A. WOODCOCK, JR. CHIEF UNITED STATES DISTRICT JUDGE Dated this 5th day of March, 2014

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