TOBIN v. CUDDY
Filing
26
ORDER AFFIRMING RECOMMENDED DECISION OF THE MAGISTRATE JUDGE overruling 22 Objection ; denying 25 Motion for Judgment; granting 8 Motion to Dismiss for Failure to State a Claim; denying 11 Motion for Default Judgment; adopting Report and Recommended Decision re 12 Report and Recommendations. By JUDGE D. BROCK HORNBY. (mjlt)
UNITED STATES DISTRICT COURT
DISTRICT OF MAINE
PHILIP C. TOBIN,
PLAINTIFF
V.
KEVIN N. CUDDY, Justice of the
Maine Superior Court,
DEFENDANT
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CIVIL NO. 1:14-CV-14-DBH
ORDER AFFIRMING RECOMMENDED DECISION
OF THE MAGISTRATE JUDGE
On April 24, 2014, the United States Magistrate Judge filed with the court,
with copies to the parties, his Recommended Decision on Motion to Dismiss and
Request for Default Judgment (ECF No.12). On May 5, 2014, the plaintiff filed
a Motion to Reconsider the Recommended Decision (ECF No. 13) and a Motion
to Amend Complaint (ECF No. 14). Both motions were denied by the Magistrate
Judge on July 1, 2014 (ECF No. 21). On July 15, 2014, the plaintiff filed his
Opposition to 1-July-2014 Order on Motion for Reconsideration (ECF No. 22).
On August 6, 2014, the plaintiff filed his “Request for Declaratory Judgment”
(ECF No. 25).
I have reviewed and considered the Recommended Decision and the
plaintiff’s opposition/objections/request, 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.
The
plaintiff’s
Opposition
to
1-July-2014
Order
on
Motion
for
Reconsideration is OVERRULED.
It is therefore ORDERED that the Recommended Decision of the Magistrate
Judge is hereby ADOPTED. The plaintiff’s requests for default judgment and for
declaratory judgment are DENIED. The defendant’s motion to dismiss is GRANTED
and the plaintiff’s complaint is DISMISSED.
SO ORDERED.
DATED THIS 7TH DAY OF AUGUST, 2014
/S/D. BROCK HORNBY
D. BROCK HORNBY
UNITED STATES DISTRICT JUDGE
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