SHERWOOD v. PRISON HEALTH SERVICES

2004 | Cited 0 times | D. Maine | January 22, 2004

ORDER AFFIRMING RECOMMENDED DECISION OF THE MAGISTRATE JUDGE

The United States Magistrate Judge filed with the court on December10, 2003, with copies to counsel, his Memorandum Decision on Motions toStrike and Recommended Decision on Defendants' Motion for SummaryJudgment. The plaintiffs filed an objection to the Recommended Decisionon December 29, 2003. I have reviewed and considered the RecommendedDecision, together with the entire record; I have made a de novodetermination of all matters adjudicated by the Recommended Decision; andI concur with the recommendations of the United States Magistrate Judgefor the reasons set forth in the Recommended Decision, and determine thatno further proceeding is necessary.

I note the plaintiffs' claim that the Magistrate Judge, at page 28 ofthe Recommended Decision, incorrectly considered the defendants'Statement ofPage 2Material Facts ¶ 56 as undisputed. Considering it as disputed,however, does not affect the outcome.

It is therefore ORDERED that the Recommended Decision of the MagistrateJudge is hereby ADOPTED. The defendants' motion for summary judgment isGRANTED as to Counts I and III-VI of the Complaint and any claims forpunitive damages, and is otherwise DENIED.

So ORDERED.Page 1

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