LONG TIMERS GROUP INC et al v. CORRECTIONS et al
Filing
144
ORDER AFFIRMING RECOMMENDED DECISION OF THE MAGISTRATE JUDGE - mooting 90 Motion to Dismiss; granting 93 Motion for Summary Judgment; granting 97 Motion for Summary Judgment; mooting 133 Motion to Amend. ; adopting Report and Recommended Decision re 139 Report and Recommendations. By JUDGE D. BROCK HORNBY. (mnw)
UNITED STATES DISTRICT COURT
DISTRICT OF MAINE
NADIM HAQUE,
)
)
PLAINTIFF
)
)
v.
)
)
MARTIN A. MAGNUSSON, in his
)
capacity as Commissioner of the Maine )
Department of Corrections, ET AL.,
)
)
DEFENDANTS
)
CIVIL NO. 08-305-P-H
ORDER AFFIRMING RECOMMENDED DECISION
OF THE MAGISTRATE JUDGE
On April 8, 20111, the United States Magistrate Judge filed with the court,
with copies to the parties, her Recommended Decision on Motions for Summary
Judgment. The plaintiff filed an objection to the Recommended Decision on
April 26, 2011. I have reviewed and considered the Recommended Decision,
together with the entire record; I have made a de novo determination of all matters
adjudicated
by
the
Recommended
Decision;
and
I
concur
with
the
recommendations of the United States Magistrate Judge for the reasons set forth
in the Recommended Decision, and determine that no further proceeding is
necessary.
The Recommended Decision says that the Magistrate Judge knows “from
[her] personal involvement in this case that Haque had the policy in hand by
December 11, 2010.” Recommended Decision at 3-4 (Docket Item 139). The year
date is a typographical error.
Docket Item 54 shows that Haque told the
Magistrate Judge on December 11, 2009, that he had received the most recent
revisions.
It is ORDERED that the Recommended Decision of the Magistrate Judge is
hereby ADOPTED. The motions for summary judgment as they relate to Haque’s
federal claims against all defendants are GRANTED. The Court declines to exercise
supplemental jurisdiction over the state law Maine Administrative Procedures Act
claim and that claim is DISMISSED WITHOUT PREJUDICE. The pending motions to
dismiss and to amend the answer to the amended complaint are MOOT.
SO ORDERED.
DATED THIS 11TH DAY OF MAY, 2011
/S/D. BROCK HORNBY
D. BROCK HORNBY
UNITED STATES DISTRICT JUDGE
2
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?