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Wiggin v. Town of Searsport

United States District Court, District of Maine

December 5, 2014

CARLTON WIGGIN, Plaintiff
v.
TOWN OF SEARSPORT, Defendant

ORDER AFFIRMING RECOMMENDED DECISION OF THE MAGISTRATE JUDGE

D. Brock Hornby United States District Judge

On October 31, 2014, the United States Magistrate Judge filed with the court, with copies to counsel, his Recommended Decision on the Defendant’s Motion for Summary Judgment. The defendant filed an objection to the Recommended Decision on November 17, 2014. 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. The defendant’s motion for summary judgment is Granted in part and Denied in part. Judgment is entered in favor of the defendant on the plaintiff’s claims arising out of defendant’s entry onto and search of the plaintiff’s property, and arising out of the defendant’s seizure of the personal property identified in the warrant by which the search was conducted. The motion is otherwise Denied with the understanding that the plaintiff’s remaining claim consists of the plaintiff’s contention that the defendant improperly seized the generator.

So Ordered.


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