MACHIAVELLI v. ABBOTT JR et al

Filing 33

ORDER ADOPTING THE RECOMMENDED DECISION OF THE MAGISTRATE JUDGE By JUDGE JON D. LEVY. (akr)

UNITED STATES DISTRICT COURT
DISTRICT OF MAINE
ANTHONY MACHIAVELLI,

)
)
Plaintiff,
)
)
v.
)
)
CAPTAIN HAROLD ABBOTT, JR., )
et al.,
)
)
Defendants.
)

1:15-cv-00340-JDL

ORDER ADOPTING THE RECOMMENDED DECISION OF THE
MAGISTRATE JUDGE
The United States Magistrate Judge filed his Recommended Decision (ECF No.
28) with the court on February 29, 2016, pursuant to 28 U.S.C. § 636(b)(1)(B) and
Federal Rule of Civil Procedure 72(b). The Magistrate Judge, after conducting a
preliminary review of Plaintiff Anthony Machiavelli’s Amended Complaint (ECF No.
25) in accordance with 28 U.S.C. §§ 1915 and 1915A, recommended that the court
dismiss Plaintiff’s claims with the exception of his retaliation claims. ECF No. 28 at
1, 7, 9. Plaintiff filed an Objection to the Recommended Decision (ECF No. 29) on
March 11, 2016. Defendants waived response to Plaintiff’s Objection on March 28,
2016. ECF No. 32.
I have carefully reviewed and considered Plaintiff’s Objection and the
Magistrate Judge’s Recommended Decision, and have made a de novo determination
of the matters objected to. I agree with the analysis and conclusions of the Magistrate
Judge as set forth in his Recommended Decision and determine that no further
proceeding is necessary.

It is therefore ORDERED that the Recommended Decision of the Magistrate
Judge (ECF No. 28) is hereby ADOPTED. Plaintiff’s Amended Complaint (ECF No.
25) is DISMISSED IN PART, namely, all claims against Defendants State of Maine,
Paul LePage, Janet Mills, Maine Department of Corrections, Joseph Ponte, Joseph
Fitzpatrick, Rodney Bouffard, and Brittany Payson, and Plaintiff’s federal and state
due process, equal protection, and cruel and unusual punishment claims against all
Defendants.

It is further ORDERED that service of process be made upon

Defendants Harold Abbott, Jr., Antonio Mendez, and Troy Ross, on Plaintiff’s
retaliation claims against the same, including the additional retaliation claim against
Defendant Mendez introduced in the Amended Complaint. It is also ORDERED that
service of process be made upon Defendant Randall Liberty, in his official capacity as
warden of the Maine State Prison, in connection with Plaintiff’s claim for injunctive
relief on his retaliation claim.
SO ORDERED.
Dated this 1st day of April, 2016.

/s/ Jon D. Levy
U.S. DISTRICT JUDGE