COUSINS et al v. HIGGINS et al

Filing 55

ORDER AFFIRMING RECOMMENDED DECISION OF THE MAGISTRATE JUDGE - adopting Report and Recommended Decision re 53 Report and Recommendations for 40 Motion to Dismiss. By JUDGE D. BROCK HORNBY. (mnw)

UNITED STATES DISTRICT COURT
DISTRICT OF MAINE
ROBERT L. COUSINS
COUSINS,

AND

JUDY A.

PLAINTIFFS
V.

KEITH HIGGINS, HEATH HIGGINS,
TADD JEWETT, MATTHEW
TETREAULT, MATTHEW LINDSLEY,
COLTON SANBORN, SAMUEL
CHISHOLM, AND TOWN OF
TREMONT,
DEFENDANTS

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CIVIL NO. 1:14-CV-515-DBH

ORDER AFFIRMING RECOMMENDED DECISION
OF THE MAGISTRATE JUDGE
On March 10, 2017, the United States Magistrate Judge filed with the
court, with copies to the parties, his Amended Recommended Decision on
Defendants’ Motion to Dismiss and Upon Review of Plaintiffs’ Amended
Complaint under 28 U.S.C. § 1915.

The plaintiffs filed an objection to the

original Recommended Decision, and I treat that objection as applying to the
Amended Recommended Decision as well.
I have reviewed and considered the Amended Recommended Decision,
together with the entire record; I have made a de novo determination of all
matters adjudicated by the Amended Recommended Decision; and I concur with
the recommendations of the United States Magistrate Judge for the reasons set

forth in the Amended Recommended Decision and determine that no further
proceeding is necessary.
It is therefore ORDERED that the Amended Recommended Decision of the
Magistrate Judge is hereby ADOPTED. Counts I, III, V, VI, VII, IX, X, XIV, XIII, XV
and XVI of the Amended Complaint are DISMISSED. The defendants MD Islander,
Alan Baker, Earl Brecklin, Mark Good, Wayne Patton, Thomas Chisolm, Debbi
Nickerson and Dana Reed are DISMISSED without service. Service of the Amended
Complaint is ORDERED on the defendants Town of Tremont, Tremont Volunteer
Fire Department, Colton Sanborn and Samuel Chisolm.
SO ORDERED.
DATED THIS 30TH DAY OF MARCH, 2017
/S/D. BROCK HORNBY
D. BROCK HORNBY
UNITED STATES DISTRICT JUDGE

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