RICH v. MARINE RESOURCES, MAINE DEPT OF, COMMISSIONER

Filing 32

ORDER AFFIRMING THE RECOMMENDED DECISION OF THE MAGISTRATE JUDGE By JUDGE GEORGE Z. SINGAL. (lrc)

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UNITED STATES DISTRICT COURT District of Maine TODD R. RICH, Plaintiff v. GEORGE LAPOINTE, Defendant ) ) ) ) ) ) ) ) ) ) No. 2:10-cv-300-GZS ORDER AFFIRMING THE RECOMMENDED DECISION OF THE MAGISTRATE JUDGE The United States Magistrate Judge filed with the Court on May 30, 2011, his Recommended Decision (Docket No. 26). Plaintiff filed his Objection to the Recommended Decision (Docket No. 28) on June 7, 2011. Defendant filed his Response to Plaintiff’s Objection to the Recommended Decision (Docket No. 31) on June 21, 2011. I have reviewed and considered the Magistrate Judge's Recommended Decision, together with the entire record; I have made a de novo determination of all matters adjudicated by the Magistrate Judge's Recommended Decision; and 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. 1. It is therefore ORDERED that the Recommended Decision of the Magistrate Judge is hereby AFFIRMED. 2. It is hereby ORDERED that Defendant’s Motion to Dismiss ( (Docket No. 11) is GRANTED as to Count Two of the Complaint and is otherwise DENIED. 3. It is hereby ORDERED that Defendant’s Motion for Summary Judgment (Docket No. 11) is GRANTED as to Count One of the Complaint, the only remaining count. 4. It is hereby ORDERED that Plaintiff’s Motion for Partial Summary Judgment (Docket No. 15) is DENIED. /s/George Z. Singal_____________ U.S. District Judge Dated this 24th day of June, 2011.

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