Devaney v. Kilmartin

Filing 65

ORDER ADOPTING REPORT AND RECOMMENDATIONS for 37 Motion to Dismiss for failure to State a Claim, filed by St. Peters by-the-sea Episcopal Church, 39 Motion to Dismiss for failure to State a Claim, filed by St. Thomas More Catholic Church , 40 Motion to Dismiss for failure to State a Claim filed by Thomas J. Tobin, 38 Motion to Dismiss filed by Town of Narragansett, 53 Report and Recommendations adopted. Motions to Dismiss 37 38 39 and 40 are granted and Plaintiff 9;s Second Amended Complaint is dismissed in its entirety. Defendants have 30 days from the date of order to present motions to recover counsel fees and expenses incurred. No judgment shall enter until all claims are resolved.. So Ordered by Senior Judge Ronald R. Lagueux on 2/12/15. (Cavaco, Janice) (Main Document 65 replaced (date omitted on document by error) on 2/12/2015) (Cavaco, Janice). Modified on 2/12/2015 (Cavaco, Janice).

UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF RHODE ISLAND

JOHN DEVANEY,
Plaintiff,
v.

C.A. No. 13-510L

PETER F. KILMARTIN, Attorney
General for the State of Rhode
Island; TOWN OF NARRAGANSETT;
ST. THOMAS MORE CATHOLIC CHURCH,
Narragansett Pier, Rhode Island;
ST. PETERS BY-THE-SEA EPISCOPAL
CHURCH; and the ROMAN CATHOLIC
BISHOP OF PROVIDENCE,
Defendants.
ORDER
The Report and Recommendation issued by Magistrate Patricia
A. Sullivan on October 10, 2014, in the above-captioned matter is
accepted and adopted pursuant to Title 28 United States Code §
636(b)(1).

The Motions to Dismiss brought by all Defendants are

granted, and Plaintiff’s Second Amended Complaint is hereby
dismissed in its entirety, with prejudice.

Defendants shall have

thirty days from the date of this Order to present the Court with
any motions to recover counsel fees and expenses incurred in this
matter.

No judgment shall enter until all claims are resolved.

It is so ordered.
/s/Ronald R. Lagueux
Ronald R. Lagueux
Senior United States District Judge
Date: 2/12/15