June 19, 2014
JAMES E. BRENSINGER, Plaintiff,
GUY HUNNEWELL, et al., Defendant
Plaintiff JAMES E BRENSINGER represented by JAMES E BRENSINGER PRO SE
Defendant GUY HUNNEWELL Defendant CHAD BENNER represented by DIANE SLEEK ASSISTANT ATTORNEY GENERAL
Defendant MAINE STATE PRISON represented by DIANE SLEEK
Notice Only Party MAINE ATTORNEY GENERAL - PRISONER CASES
ORDER AFFIRMING THE RECOMMENDED DECISION OF THE MAGISTRATE JUDGE
GEORGE Z. SINGAL UNITED STATES DISTRICT JUDGE
No objections having been filed to the Magistrate Judge's Recommended Decision (ECF No. 18) filed May 22, 2014, the Recommended Decision is AFFIRMED. Accordingly, it is ORDERED that:
(1) The Motion to Dismiss (ECF No. 16) filed by Defendants Chad Benner and Maine State Prison is GRANTED.
(2) It is also ORDERED that Plaintiff’s claims against Defendant Guy Hunnewell are DISMISSED without prejudice pursuant to 28 U.S.C. § 1367(c). In the alternative,
(3) The claim against Defendant Hunnewell is dismissed with prejudice for Plaintiff’s failure to show cause in accordance with the Court’s prior Show Cause Order (ECF No. 17).