FOURNIER v. LEPAGE et al

Filing 38

ORDER adopting 32 Report and Recommended Decision for 17 Plaintiff's Motion to Expedite Release by Default; 18 Plaintiff's Renewed Motion to Expedite Immediate Release; 19 Plaintiff's Third Motion to Expedite Immediate Release; 23 Plaintiff's Motion for Writ of Habeas Corpus Ad Testificandum; and, 26 Defendant's Motion to Dismiss. DISMISSING AS MOOT 17 Plaintiff's Motion to Expedite Release by Default; 18 Plaintiff's Renewed Motion to Expedite Immediate Release; 19 Plaintiff's Third Motion to Expedite Immediate Release; and, 23 Plaintiff's Motion for Writ of Habeas Corpus Ad Testificandum. GRANTING 26 Defendants' Motion to Dismiss. GRANTING 35 Plaintiff's Motion to Extend Time. By JUDGE JOHN A. WOODCOCK, JR. (MFS)

UNITED STATES DISTRICT COURT
DISTRICT OF MAINE
FRANK DANIEL FOURNIER,
Plaintiff,
v.
PAUL LEPAGE, et al.,
Defendants.

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1:14-cv-00351-JAW

ORDER AFFIRMING THE
RECOMMENDED DECISION OF THE MAGISTRATE JUDGE
ORDER GRANTING MOTION TO EXTEND
The United States Magistrate Judge filed with the Court on February
17, 2015 his Recommended Decision (ECF No. 32). The Plaintiff filed his
objections to the Recommended Decision on March 9, 2015 (ECF No. 34). The
Defendants did not file a response.

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
(ECF No. 32) of the Magistrate Judge be and hereby is
AFFIRMED.
2. It is further ORDERED that the Defendants’ Motion to
Dismiss (ECF No. 26) be and hereby is GRANTED.

3. It is further ORDERED that the Plaintiff’s Motion to
Expedite Release By Default (ECF No. 17); Plaintiff’s
Renewed Motion to Expedite Immediate Release (ECF No.
18); Plaintiff’s Third Motion to Expedite Immediate Release
(ECF No. 19); and Plaintiff’s Motion for Writ of Habeas
Corpus Ad Testificandum (ECF No. 23) be and hereby are
DISMISSED as moot.
4. It is further ORDERED that Plaintiff be and hereby is
GRANTED the opportunity within a reasonable period of
time to assert a claim on the § 2254 habeas corpus form
petition.
5. It is further ORDERED that Plaintiff’s Motion to Extend
Time (ECF No. 35) be and hereby is GRANTED.
SO ORDERED.
/s/ John A. Woodcock, Jr.
JOHN A. WOODCOCK, JR.
UNITED STATES DISTRICT JUDGE
Dated this 8th day of May, 2015

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