BARNARD v. STATE OF MAINE et al

Filing 70

ORDER AFFIRMING 68 RECOMMENDED DECISION OF THE MAGISTRATE JUDGE re: 58 Motion for Summary Judgment filed by Troy Bires, Barton Tokas; granting in part and denying in part 58 Motion for Summary Judgment. By JUDGE LANCE E. WALKER. (CJD)

UNITED STATES DISTRICT COURT
DISTRICT OF MAINE

JEFFREY PAUL BARNARD,
Plaintiff
V.

STATE OF MAINE, et al.,
Defendants

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1:16-CV-00276-LEW

ORDER AFFIRMING RECOMMENDED DECISION
OF THE MAGISTRATE JUDGE
On March 22, 2019, the United States Magistrate Judge filed with the court, with copies to
the parties, his Recommended Decision on Defendants’ Motion for Summary Judgment (ECF No.
68). The time within which to file objections expired on April 8, 2019, and no objections have
been filed.
The Magistrate Judge notified the parties that failure to object would waive their right to
de novo review and appeal. It is therefore ORDERED that the Recommended Decision of the
Magistrate Judge is hereby AFFIRMED and ADOPTED.
The Motion for Summary Judgment filed on behalf of Defendant Tory Bires and Defendant
Barton Tokas (ECF No. 58) is GRANTED IN PART and DENIED IN PART. Summary judgment
is awarded to Defendant Tokas on all claims. Summary judgment is awarded to Defendant Bires
on all claims except Plaintiff’s claim of excessive force based on the alleged use of a firearm on
the morning of May 31, 2014.
SO ORDERED.
Dated this 19th day of April , 2019.
/s/ Lance E. Walker
U.S. DISTRICT JUDGE