GAGNON v. FITZPATRICK et al

Filing 12

ORDER ADOPTING THE RECOMMENDED DECISION OF THE MAGISTRATE JUDGE AND GRANTING PLAINTIFFS REQUEST FOR WAIVER OF FILING FEE adopting Report and Recommended Decision re 9 Report and Recommendations; mooting 10 Motion for Service; mooting 11 Motion to Dismiss; granting 11 Motion for Removal of Filing Fee Obligation. By JUDGE JON D. LEVY. (nwd)

UNITED STATES DISTRICT COURT
DISTRICT OF MAINE
SCOTT RICHARD GAGNON,
Plaintiff,
v.
JOSEPH FITZPATRICK, et al.,
Defendants.

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1:15-cv-00355-JDL

ORDER ADOPTING THE RECOMMENDED DECISION OF THE
MAGISTRATE JUDGE AND GRANTING PLAINTIFF’S
REQUEST FOR WAIVER OF FILING FEE
The United States Magistrate Judge filed his Recommended Decision (ECF No.
9) with the court on November 4, 2015, 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 Scott Richard Gagnon’s complaint (ECF No. 1) in
accordance with 28 U.S.C. §§ 1915 and 1915A, recommended that the court dismiss
Plaintiff’s complaint without service of process. ECF No. 9 at 1. On November 4,
2015, Plaintiff, who is proceeding in forma pauperis, see ECF No. 3, filed a motion to
request service of process by the court. ECF No. 10.
The time within which to file objections to the Recommended Decision expired
November 23, 2015, and no objections have been filed. The Magistrate Judge notified
the Plaintiff that failure to object would waive his right to de novo review and appeal.
On November 16, 2015, Plaintiff filed a motion to withdraw his complaint and for
removal of his filing fee obligation. ECF No. 11.

It is ORDERED that the Recommended Decision of the Magistrate Judge
(ECF No. 9) is hereby ADOPTED and Plaintiff’s complaint (ECF No. 1) is
DISMISSED without service, rendering moot Plaintiff’s motion to withdraw his
complaint (ECF No. 11). Plaintiff’s separate request for waiver of his filing fee
obligation (ECF No. 11) is GRANTED. Plaintiff’s motion for service of process by the
court (ECF No. 10) is moot.
SO ORDERED.
Dated this 11th day of December, 2015.
/s/ Jon D. Levy
U.S. DISTRICT JUDGE

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