ESTATE OF CRAIG L ALLARD, et al v. WILLIAMS et al
Filing
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ORDER AFFIRMING RECOMMENDED DECISION OF THE MAGISTRATE JUDGE - adopting Report and Recommended Decision re 57 Report and Recommendations. By JUDGE D. BROCK HORNBY. (mnw)
UNITED STATES DISTRICT COURT
DISTRICT OF MAINE
ESTATE OF CRAIG L. ALLARD,
ET AL.,
PLAINTIFFS
v.
PATRICK J. FLEMING,
ET AL.,
DEFENDANTS
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CIVIL NO. 2:11-CV-283-DBH
ORDER AFFIRMING RECOMMENDED DECISION
OF THE MAGISTRATE JUDGE
On October 31, 2012, the United States Magistrate Judge filed with the
court, with copies to counsel, his Recommended Decision on Motion for
Summary Judgment. An objection to the Recommended Decision was filed by
the defendant Phinney on November 19, 2012. 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.
It is therefore ORDERED that the Recommended Decision of the Magistrate
Judge is hereby ADOPTED. The state defendants’ motion for summary judgment
(ECF No. 45) is GRANTED. The defendant Phinney’s motion for summary
judgment (ECF No. 48) is GRANTED as to Count VIII of the Complaint and any
punitive damages, and is otherwise DENIED. Remaining for trial is Count VII of
the Complaint asserted only against the defendant Phinney.
SO ORDERED.
DATED THIS 10TH DAY OF DECEMBER, 2012
/S/D. BROCK HORNBY
D. BROCK HORNBY
UNITED STATES DISTRICT JUDGE
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