Opinion
Civil No. 04-130-B-W.
April 14, 2005
JOHN DOE, Plaintiff represented by JOHN DOE, MILO, ME, PRO SE.
MARTIN MAGNUSSON, Individually and in his official capacity, Defendant represented by GWENDOLYN D. THOMAS, ASSISTANT ATTORNEY GENERAL, AUGUSTA, ME.
JEFFREY MERRILL, Individually and in his official capacity, Defendant, represented by GWENDOLYN D. THOMAS, AUGUSTA, ME.
BEN SMITH, Individually and in his official capacity, Defendant represented by GWENDOLYN D. THOMAS, AUGUSTA, ME.
MICK COLLINS, Individually and in his official capacity, Defendant represented by GWENDOLYN D. THOMAS, AUGUSTA, ME.
ORDER AFFIRMING THE RECOMMENDED DECISION OF THE MAGISTRATE JUDGE
No objection having been filed to the Magistrate Judge's Recommended Decision filed March 21, 2005, the Recommended Decision is accepted.
Accordingly, it is hereby ORDERED that the Defendants' Motion to Dismiss as to the Fourteenth Amendment claim is GRANTED as the Defendants are entitled to qualified immunity. The Defendants' Motion to Dismiss as to the Eighth Amendment claim is also GRANTED for failure to state a claim. As for the state law claims, the Court declines to exercise supplemental jurisdiction and those counts are DISMISSED without prejudice.