August 25, 2014
CLYDE A. LIVINGSTON, Plaintiff
UNUM PROVIDENT, Defendant
Clyde A. Livingston, Represented, Clyde A. Livingston, Pro Se.
UNUM Provident, Represented, Byrne J. Decker Pierce Atwood LLP Merrill’s Wharf.
ORDER AFFIRMING RECOMMENDED DECISION OF THE MAGISTRATE JUDGE
D. BROCK HORNBY, UNITED STATES DISTRICT JUDGE.
On July 22, 2014, the United States Magistrate Judge filed with the court, with copies to the parties his Recommended Decision on Defendant’s Motion to Dismiss. The plaintiff filed an objection to the Recommended Decision on July 28, 2014, and a continued objection on August 22, 2014. ECF Nos. 42 and 46. I have reviewed and considered the Recommended Decision, together with the entire record; I have made a de novo determination of all matters adjudicated by the Recommended Decision; and I concur with the recommendations of the United States Magistrate Judge for the reasons set forth in the Recommended Decision, and determine that no further proceeding is necessary.
It is therefore Ordered that the Recommended Decision of the Magistrate Judge is hereby Adopted. I Deny the plaintiff’s Motion to Compel (ECF No. 39) because the court lacks jurisdiction. The plaintiff’s complaint is Dismissed without prejudice for lack of subject matter jurisdiction.