Lipin v. Ellis

2007 | Cited 0 times | D. Maine | September 10, 2007

ORDER AFFIRMING THE RECOMMENDED DECISION OF THE MAGISTRATE JUDGE

The United States Magistrate Judge filed with the Court on July 26, 2007, his Recommended Decision (Docket No. 33). The Plaintiff filed her Objection to the Recommended Decision (Docket No. 40) on August 13, 2007. Defendant David P. Silk filed his response to Plaintiff's Objection (Docket No. 42) on August 16, 2007. Defendant David S. Sherman, Jr. filed his response to Plaintiff's Objection (Docket No. 43) on August 20, 2007. Defendant Joseph R. Mazziotti filed his Response to Plaintiff's Objection (Docket No. 47) on August 28, 2007.

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.

1. It is therefore ORDERED that the Recommended Decision of the Magistrate Judge is hereby AFFIRMED.

2. It is hereby ORDERED that Plaintiff's Motion to Strike (Docket No. 18) is hereby DENIED.

3. It is hereby ORDERED that the Motion to Dismiss (Docket No. 10) filed by Defendant Joseph R. Mazziotti is GRANTED, without costs of sanctions awarded to Defendant Mazzioti.

4. It is hereby ORDERED that the Motion to Dismiss (Docket No. 12) filed by Defendant David S. Sherman, Jr. is GRANTED.

5. It is hereby ORDERED that the Motion to Dismiss (Docket No. 13) filed by Defendants Evelyn F. Ellis, in her capacity as Personal Representative and former Special Administrator of the Estate of Theodore Lipin, and David P. Silk, is GRANTED.

6. The Plaintiff is warned that additional groundless and vexatious filings with this Court by the Plaintiff will not be tolerated and that filing restrictions may be imposed.

Back to top