LIVINGSTON v. UNUM PROVIDENT

Filing 47

ORDER AFFIRMING RECOMMENDED DECISION OF THE MAGISTRATE JUDGE adopting Report and Recommended Decision re 40 Report and Recommendations; granting 13 Motion to Dismiss for Lack of Jurisdiction; denying 39 Motion to Compel Production of Documents By JUDGE D. BROCK HORNBY. (nwd)

UNITED STATES DISTRICT COURT
DISTRICT OF MAINE
CLYDE A. LIVINGSTON,
PLAINTIFF
V.

UNUM PROVIDENT,
DEFENDANT

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CIVIL NO. 2:14-CV-70-DBH

ORDER AFFIRMING RECOMMENDED DECISION
OF THE MAGISTRATE JUDGE
On July 22, 2014, the United States Magistrate Judge filed with the court,
with copies to the parties his Recommended Decision on Defendant’s Motion to
Dismiss. The plaintiff filed an objection to the Recommended Decision on July
28, 2014 and a continued objection on August 22, 2014. ECF Nos. 42 and 46. 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. I DENY the plaintiff’s Motion to Compel (ECF No. 39)
because the court lacks jurisdiction. The plaintiff’s complaint is DISMISSED
without prejudice for lack of subject matter jurisdiction.
SO ORDERED.
DATED THIS 25TH DAY OF AUGUST, 2014
/S/ D. BROCK HORNBY______________
D. BROCK HORNBY
UNITED STATES DISTRICT JUDGE