BELSKIS v. STATE OF MAINE BOARD OF CORRECTION et al

Filing 57

ORDER adopting 53 Report and Recommended Decision for 17 Motion to Dismiss for Failure to State a Claim filed by DAVID ALLEN, CORY SWOPE, DALE LANCASTER, BARRY DELONG, SOMERSET COUNTY, ELIGAH MUNN, STEPHEN GIGGEY, 28 Motion to Dismiss/La ck of Jurisdiction filed by UNITED STATES MARSHAL SERVICE, 30 Motion to Dismiss filed by STATE OF MAINE BOARD OF CORRECTION, 32 Motion to Dismiss filed by MAINE MED PRO ASSOCIATES, TERI THURLOW, and 39 Motion to Amend filed by JOSEPH EDWARD BOVIN BELSKIS. Denying 17 Motion to Dismiss for Failure to State a Claim; dismissing as moot 28 Motion to Dismiss for Lack of Jurisdiction; dismissing as moot 30 Motion to Dismiss; dismissing as moot in part and denying in part 32 Motion to Dismiss; granting in part and denying in part 39 Motion to Amend. By JUDGE JOHN A. WOODCOCK, JR. (MFS)

UNITED STATES DISTRICT COURT
DISTRICT OF MAINE
JOSEPH EDWARD BOVIN
BELSKIS,
Plaintiff,
v.
STATE OF MAINE BOARD OF
CORRECTION, et al.,
Defendants.

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1:15-cv-00091-JAW

ORDER AFFIRMING THE
RECOMMENDED DECISION OF THE MAGISTRATE JUDGE
No objections having been filed to the Magistrate Judge’s Recommended
Decision filed August 31, 2015 (ECF No. 53), the Recommended Decision is accepted.
Accordingly, it is hereby ORDERED that the Plaintiff’s Motion to Amend (ECF
No. 39) be and hereby is GRANTED IN PART and DENIED IN PART.

It is

GRANTED except to the extent the Plaintiff requests leave to join the Department of
Corrections.
It is further ORDERED that the Somerset County Defendants’ Motion to
Dismiss (ECF No. 17) be and hereby is DENIED.
It is further ORDERED that Defendant United States Marshal Service’s
Motion to Dismiss (ECF No. 28) be and hereby is DMISSED as moot.
It is further ORDERED that Defendant State of Maine Board of Corrections’
Motion to Dismiss (ECF No. 30) be and hereby is DISMISSED as moot.

It is further ORDERED that Defendant MedPro Associates’ request to dismiss
Plaintiff’s medical negligence claim (ECF No. 32) be and hereby is DISMISSED as
moot and the remainder of Defendant MedPro’s Associates’ Motion to Dismiss (ECF
No. 32) be and hereby is DENIED.
SO ORDERED.

/s/ John A. Woodcock, Jr.
JOHN A. WOODCOCK, JR.
CHIEF UNITED STATES DISTRICT JUDGE
Dated this 14th day of October, 2015

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