Filing 31

ORDER AFFIRMING RECOMMENDED DECISION OF THE MAGISTRATE JUDGE granting 16 Motion to Dismiss; denying 27 Motion to Stay; adopting 29 Report and Recommendations. By JUDGE D. BROCK HORNBY. (jib) Modified on 3/20/2017 to correct date filed (jib).

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UNITED STATES DISTRICT COURT DISTRICT OF MAINE DAVID THURLOW, III, PLAINTIFF V. UNITED STATES OF AMERICA, DEFENDANT ) ) ) ) ) ) ) ) ) CIVIL NO. 2:16-CV-375-DBH ORDER AFFIRMING RECOMMENDED DECISION OF THE MAGISTRATE JUDGE On February 22, 2017, the United States Magistrate Judge filed with the court, with copies to the parties, his Recommended Decision on Defendant’s Motion to Dismiss and Plaintiff’s Motion to Stay. The time within which to file objections expired on March 8, 2017, and no objections have been filed. The Magistrate Judge notified the parties that failure to object would waive their right to de novo review and appeal. It is therefore ORDERED that the Recommended Decision of the Magistrate Judge is hereby ADOPTED. The plaintiff’s motion to stay is DENIED. defendant’s motion to dismiss is GRANTED WITHOUT PREJUDICE. The The plaintiff’s Rule 41(g) action is DISMISSED. SO ORDERED. DATED THIS 16TH DAY OF MARCH, 2017 /S/D. BROCK HORNBY D. BROCK HORNBY UNITED STATES DISTRICT JUDGE

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