[ANGE] v. BURKE et al

Filing 12

ORDER adopting 8 Report and Recommended Decision for 1 Complaint; dismissing without prejudice 1 Complaint filed by STEPHEN MICHAEL [ANGE]. By JUDGE JOHN A. WOODCOCK, JR. (MFS)

UNITED STATES DISTRICT COURT
DISTRICT OF MAINE
STEPHEN MICHAEL [ANGE],
Plaintiff,
v.
JOHN BURKE, et al.,
Defendants.

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2:14-cv-00286-JAW

ORDER AFFIRMING THE RECOMMENDED DECISION
OF MAGISTRATE JUDGE
On July 11, 2014, Stephen Michael [Ange], currently incarcerated in York
County Jail in Maine, filed a complaint in this Court, naming nine individual and
institutional defendants, alleging among other things that they had kidnapped him.
Compl. (ECF No. 1). With the Complaint, Mr. [Ange] filed a motion for writ of
personal replevin and a motion for preliminary injunction.

Mot. for Prelim.,

Mandatory, Prohibitive, Special Inj. and Writ of Personal Replevin in Cepit (ECF No.
2). On July 28, 2014, the Magistrate Judge issued an order requiring Mr. [Ange]
either to pay the $400.00 filing fee or to file an application to proceed in forma
pauperis by August 20, 2014. Order (ECF No. 5). On August 27, 2014, the Magistrate
Judge filed a recommended decision in which he recommended that Mr. [Ange’s]
Complaint be dismissed for failure to comply with the July 28, 2014 Order.
Recommended Decision to Dismiss (ECF No. 8).

After the Recommended Decision, Mr. [Ange] filed three documents with the
Court: (1) a Notice Attention: Not Miscellaneous Correspondence (ECF No. 9); (2) a
Motion for Equitable Estoppel (ECF No. 10); and (3) a Notice of Refusal for Cause
Refusal for Fraud (ECF No. 11). Although the meaning of these documents is not
entirely clear, the Court treats them individually and together as an objection to the
Recommended Decision.
The Court has reviewed and considered the Magistrate Judge’s Recommended
Decision, together with the entire record, and has made a de novo determination of
all matters adjudicated by the Magistrate Judge’s Recommended Decision. This
Court concurs with the recommendation of the Magistrate Judge for the reasons set
forth in his Recommended Decision and determines that no further proceeding is
necessary.
1. This Court ORDERS that the Recommended Decision of the Magistrate
Judge is AFFIRMED; and
2. This Court ORDERS that Stephen Michael [Ange]’s Complaint (ECF
No. 1) be and it hereby is DISMISSED without prejudice.
SO ORDERED.
/s/ John A. Woodcock, Jr.
JOHN A. WOODCOCK, JR.
CHIEF UNITED STATES DISTRICT JUDGE
Dated this 6th day of October, 2014

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