HENDERSON v. ROGERS et al

Filing 26

ORDER AFFIRMING THE RECOMMENDED DECISION OF THE MAGISTRATE JUDGE granting 15 Motion to Dismiss; adopting Report and Recommended Decision re 22 Report and Recommendations. ; granting 11 Motion to Dismiss for Failure to State a Claim By JUDGE NANCY TORRESEN. (mjlt)

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UNITED STATES DISTRICT COURT DISTRICT OF MAINE THOMAS HENDERSON, Plaintiff, v. VICTORIA ROGERS, et al., Defendants ) ) ) ) ) ) ) ) ) Civil No. 2:14-cv-362-NT ORDER AFFIRMING THE RECOMMENDED DECISION OF THE MAGISTRATE JUDGE The United States Magistrate Judge filed with the Court on March 3, 2015 his Recommended Decision (ECF No. 22). The Plaintiff filed his Objection to the Recommended Decision (ECF No. 23) on March 16, 2015. 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. It is therefore ORDERED that the Recommended Decision of the Magistrate Judge is hereby AFFIRMED. It is further ORDERED that: The Correctional Defendants’ Motion to Dismiss is GRANTED (ECF No. 11); The Medical Defendants’ Motion to Dismiss is GRANTED (ECF No. 15); The Plaintiff’s deliberate indifference claim is DISMISSED with prejudice; and The Court declines to exercise jurisdiction over the Plaintiff’s state law claims and, therefore, those claims are DISMISSED without prejudice. SO ORDERED. /s/ Nancy Torresen United States Chief District Judge Dated this 18th day of March, 2015. 2

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