NOBREGA v. YORK COUNTY SHERIFF et al
ORDER ACCEPTING THE RECOMMENDED DECISION OF THE MAGISTRATE JUDGE accepting Report and Recommendations ; granting 18 Motion to Dismiss ; overruling 25 Objection. By JUDGE JON D. LEVY (aks)
UNITED STATES DISTRICT COURT
DISTRICT OF MAINE
YORK COUNTY SHERIFF, et al.,
ORDER ACCEPTING THE RECOMMENDED DECISION OF THE
Plaintiff Domingus Nobrega, who is proceeding pro se, filed this action in
Maine state court, alleging that York County’s Sheriff, jail administrators, and jail
chaplain violated his rights under the United States and Maine Constitutions (ECF
No. 3-2). 1 On August 19, 2020, the case was removed to this Court (ECF No. 1). In
November 2020, Nobrega filed an amended complaint (ECF No. 14), and on January
5, 2021, Nobrega filed a motion to remand the case to state court (ECF No. 18).
On March 29, 2021, United States Magistrate Judge John C. Nivison
submitted a Recommended Decision on Nobrega’s motion to remand (ECF No. 22),
pursuant to 28 U.S.C.A. § 636(b)(1)(B) (West 2020) and Fed. R. Civ. P. 72(b). The
time within which to file objections to the Recommended Decision has expired, and
The Maine Department of Corrections was also originally joined as a Defendant. On March 24,
2021, with Nobrega’s agreement, the Court granted the Department of Corrections’ motion to dismiss
the claims against it (ECF No. 21).
no objections have been filed. 2 The Magistrate Judge notified the parties that failure
to object would waive their right to de novo review and appeal.
I have reviewed and considered the Recommended Decision, together with the
entire record, and have made a de novo determination of all matters adjudicated by
the Magistrate Judge’s decision.
I concur with the recommendations of the
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 (ECF No. 22) of
the Magistrate Judge is hereby ACCEPTED. Nobrega’s Motion to Dismiss and
Remand (ECF No. 18) is GRANTED. Accordingly, it is ORDERED that the matter
is REMANDED to state court.
Dated this 26th day of April, 2021.
/s/ JON D. LEVY
CHIEF U.S. DISTRICT JUDGE
2 After the Magistrate Judge issued his Recommended Decision, the Defendants filed their Answer
to Nobrega’s Amended Complaint (ECF No. 24). Nobrega subsequently filed a document in response
to the Defendants’ Answer, which is captioned, in part, as a “General Objection To All” (ECF No. 25).
However, it is clear from the substance of Nobrega’s filing that he agrees with the Magistrate Judge’s
decision that this Court now lacks jurisdiction; therefore, to the extent that Nobrega intends this filing
as an objection to the Magistrate Judge’s Recommended Decision, his objection is overruled.
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