TUCK v. CITY OF GARDINER POLICE DEPARTMENT et al

Filing 62

ORDER ACCEPTING THE RECOMMENDED DECISION OF THE MAGISTRATE JUDGE re: 56 Report and Recommendations. By JUDGE JON D. LEVY. (akr)

UNITED STATES DISTRICT COURT
DISTRICT OF MAINE
MICHAEL A. TUCK,
Plaintiff,
v.
CITY OF GARDINER POLICE
DEPARTMENT, et al.,
Defendants.

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ORDER ACCEPTING THE RECOMMENDED DECISION OF THE
MAGISTRATE JUDGE
United States Magistrate Judge John H. Rich III filed his Recommended
Decision (ECF No. 56) with the Court on December 23, 2019, pursuant to 28 U.S.C.A.
§ 636(b)(1)(B) (West 2020) and Fed. R. Civ. P. 72(b), regarding dismissal of the
complaint as to David Timms for lack of service. The time within which to file
objections has expired, and no objections have been filed. The Magistrate Judge
provided notice that a party’s failure to object would waive the right to de novo review
and appeal.
I have reviewed and considered the Magistrate Judge’s Recommended
Decision, together with the entire record and have made a de novo determination of
all matters adjudicated by the Magistrate Judge’s Recommended Decision. I concur
with the recommendations of the United States Magistrate Judge for the reasons set
forth in his Recommended Decision and determine that no further proceeding is
necessary.

It is therefore ORDERED that the Recommended Decision (ECF No. 56) of
the Magistrate Judge is hereby ACCEPTED and the complaint is dismissed without
prejudice as to Defendant David Timms.

SO ORDERED.
Dated this 6th day of February, 2020.
/s/ Jon D. Levy
CHIEF U.S. DISTRICT JUDGE