MEMORANDUM DECISION AND ORDER ON PLAINTIFF'S MOTION FOR AMENDED FINDINGS OF FACT AND CONCLUSIONS OF LAW JOHN H. RICH, III , Magistrate Judge . Pursuant to Federal Rule of Civil Procedure 52(b), the plaintiff seeks to amend a limited number of findings of fact and a single conclusion of law in my decision on its motion to enforce an October 21, 2015, consent judgment. See Westcon, Mfg., Inc. d/b/a THEAM USA's Rule 52(b) Motion for Amended Findings of Fact and Conclusions of Law ("Motion")...
INTERIM ORDER ON MOTION TO DISMISS JOHN A. WOODCOCK, JR. , District Judge . A Medicaid beneficiary and a pooled disability trust bring this action seeking injunctive and declaratory relief against the Commissioner of the Maine Department of Health and Human Services (MDHHS), alleging improper treatment of deposits into pooled special needs trusts for purposes of benefits eligibility determinations in violation of the Medicaid Act, 42 U.S.C. 1396 et seq. The Medicaid beneficiary...
ORDER AFFIRMING THE RECOMMENDED DECISION OF THE MAGISTRATE JUDGE GEORGE Z. SINGAL , District Judge . The United States Magistrate Judge filed with the Court on November 6, 2017, his Recommended Decision (ECF No. 191). Petitioner filed his Objection to the Recommended Decision (ECF No. 192) on November 24, 2017. The Government filed a Response to Petitioner's Objection (ECF No. 193) on December 8, 2017. I have reviewed and considered the Magistrate Judge's Recommended Decision, together...
REPORT AND RECOMMENDED DECISION 1 JOHN H. RICH, III , Magistrate Judge . This Social Security Disability ("SSD") appeal raises the question of whether the administrative law judge ("ALJ") supportably found the plaintiff capable of performing past relevant work as a parking lot attendant and, in the alternative, performing other work existing in significant numbers in the national economy. The plaintiff seeks remand on the bases that the ALJ erred in determining his credibility and in...
ORDER ON OBJECTION TO ORDER RE: DISCOVERY DISPUTES JOHN A. WOODCOCK, JR. , District Judge . Respondents, an energy consulting firm and its managing member, object to a portion of the Magistrate Judge's September 8, 2017 Order on Discovery Issues. Defs.' Partial Obj. to Disc. Order (ECF No. 119) ( Resp'ts' Mot. ); Order on Disc. Issues (ECF No. 117) ( Order ). Specifically, the Respondents object to the denial of their request for documents related to Petitioner Federal Energy...
DECISION AND ORDER ON PLAINTIFF'S MOTION TO AMEND AND DEFENDANTS' MOTIONS TO STRIKE JOHN C. NIVISON , Magistrate Judge . In this action, Plaintiff Brandee Lewis alleges that Defendants violated certain constitutionally-protected rights while she was detained or incarcerated at the Kennebec County Correctional Facility. (Complaint at 2, ECF No. 1.) The matter is before the Court on Plaintiff's Motion for Leave to File Amended Complaint to Add Parties (ECF No. 76); Defendant Vigue's Motion...
ORDER AFFIRMING RECOMMENDED DECISION OF THE MAGISTRATE JUDGE D. BROCK HORNBY , District Judge . On December 6, 2017, the United States Magistrate Judge filed with the court, with copies to the parties, his Recommended Decision on 28 U.S.C. 2255 Motion. The time within which to file objections expired on December 20, 2017, and no objection has been filed. The Magistrate Judge notified the parties that failure to object would waive their right to de novo review and appeal. It is therefore...
ORDER ON DEFENDANT'S MOTION FOR SUMMARY JUDGMENT NANCY TORRESEN , Chief District Judge . Plaintiff Justin Angelo, an Officer of the Old Town Police Department, brings this negligence action against Campus Crest at Orono, LLC (" Campus Crest "), for injuries he sustained responding to a call for assistance at an apartment complex owned by Campus Crest. The case is properly in federal court on diversity jurisdiction after being removed from Maine Superior Court by the Defendant. 28 U.S.C....
ORDER ACCEPTING THE RECOMMENDED DECISION OF THE MAGISTRATE JUDGE JON D. LEVY , District Judge . The United States Magistrate Judge filed his Recommended Decision (ECF No. 29) with the court on November 30, 2017, pursuant to 28 U.S.C. 636(b)(1)(B) and Federal Rule of Civil Procedure 72(b). The time within which to file objections expired December 14, 2017, and no objections have been filed. The Magistrate Judge notified the parties that failure to object would waive their right to de...
ORDER ACCEPTING THE RECOMMENDED DECISION OF THE MAGISTRATE JUDGE JON D. LEVY , District Judge . The United States Magistrate Judge filed his Recommended Decision (ECF No. 66) with the court on November 22, 2017, pursuant to 28 U.S.C. 636(b)(1)(B) and Federal Rule of Civil Procedure 72(b). The time within which to file objections expired December 6, 2017, and no objections have been filed. The Magistrate Judge notified the parties that failure to object would waive their right to de novo...
REPORT AND RECOMMENDED DECISION 1 JOHN H. RICH, III , Magistrate Judge . This Social Security Disability ("SSD") and Supplemental Security Income ("SSI") appeal raises the question of whether the administrative law judge ("ALJ") supportably found the plaintiff capable of performing work existing in significant numbers in the national economy. The plaintiff seeks remand on the bases that the ALJ erred in his assessment of the plaintiff's subjective complaints and assigned improper weight...
ORDER ON DEFENDANT'S MOTION TO CONTINUE SENTENCING JOHN A. WOODCOCK, JR. , District Judge . On May 3, 2017, Anthony G. Berry waived indictment and pleaded guilty to an information, charging him with engaging in a conspiracy to transport stolen goods. Waiver of an Indictment (ECF No. 1); Information (ECF No. 2). He has been awaiting a sentencing hearing ever since. The scheduling of the sentencing hearing has been substantially delayed largely, though not exclusively, as a result of...
ORDER ON MOTION FOR RECONSIDERATION OF DENIAL OF MOTION FOR BILL OF PARTICULARS D. BROCK HORNBY , District Judge . This is a criminal case charging husband and wife codefendants with many counts of health care fraud, tax fraud, and money laundering arising out of their business providing transportation to ambulatory and non-ambulatory MaineCare members. (MaineCare is a federally- and state-funded health care benefit program.) A Fourth Superseding Indictment (ECF No. 113) of 24 pages has...
ORDER ACCEPTING THE RECOMMENDED DECISION OF THE MAGISTRATE JUDGE JON D. LEVY , District Judge . This case concerns a social security disability appeal by Plaintiff Dawn Berry Valliere of her denied application for supplemental security income benefits. Defendant Nancy A. Berryhill, Acting Commissioner of Social Security, has moved to dismiss Valliere's complaint as untimely under 42 U.S.C. 405(g). The United States Magistrate Judge, John H. Rich III, filed his Report and Recommended...
ORDER AFFIRMING THE RECOMMENDED DECISION OF THE MAGISTRATE JUDGE JOHN A. WOODCOCK, JR. , District Judge . No objection having been filed to the Magistrate Judge's Recommended Decision filed November 26, 2017 (ECF No. 20), the Recommended Decision is accepted. Accordingly, is hereby ORDERED that the Commissioner's decision be VACATED and the case REMANDED for further proceedings.
RECOMMENDED DECISION ON DEFENDANTS' MOTIONS FOR SUMMARY JUDGMENT AND ORDER ON PLAINTIFF'S RECORD-RELATED MOTIONS JOHN C. NIVISON , Magistrate Judge . In this action, Plaintiff Nicholas Gladu alleges that Defendants have acted with deliberate indifference to his serious medical needs, discriminated against him on the basis of disability, retaliated against him for engaging in conduct protected under the First Amendment, and breached duties owed to him under Maine law. The matter is before...
ORDER OVERRULING OBJECTION JOHN A. WOODCOCK, JR. , District Judge . On October 7, 2015, Randall B. Hofland filed a petition for writ of habeas corpus pursuant to 18 U.S.C. 2254. Pet. for Writ of Habeas Corpus (ECF No. 1). On May 13, 2016, the Magistrate Judge issued a nineteen-page recommended decision in which he concluded that the petition should be dismissed. Recommended Decision on 28 U.S.C. 2254 Pet. (ECF No. 86). On August 15, 2016, this Court affirmed the recommended...
ORDER VACATING ORDER AFFIRMING THE RECOMMENDED DECISION OF THE MAGISTRATE JUDGE ON 28 U.S.C. 2255 MOTION JOHN A. WOODCOCK, JR. , District Judge . By order dated October 24, 2017, the Court ordered James Stile to file his objection to the Magistrate Judge's recommended decision dated October 6, 2017 by November 27, 2017. Order (ECF No. 673). Mr. Stile failed to comply with the order. The Court tugged on the deadline to make certain that the mailbox rule was complied with and on December...
RECOMMENDED DECISION ON MOTION TO DISMISS OF DEFENDANT TROY ROSS JOHN C. NIVISON , Magistrate Judge . In this action, Plaintiff Steve Anctil, an inmate at the Maine State Prison, alleges that Defendant Troy Ross was deliberately indifferent to a known risk that Plaintiff would be seriously harmed by one or more inmates in his cell block. The matter is before the Court on the Motion to Dismiss of Defendant Troy Ross. (Motion, ECF No. 70.) Through his motion, Defendant Ross argues Plaintiff'...
REPORT AND RECOMMENDED DECISION JOHN C. NIVISON , Magistrate Judge . On Plaintiff Tracey Steward's application for disability insurance benefits (DIB) under Title II and supplemental security income benefits (SSI) under Title XVI of the Social Security Act, Defendant, the Acting Social Security Administration Commissioner, found that Plaintiff's Title II claim was barred by res judicata, granted Plaintiff's Title XVI claim in full, and reopened and granted partial relief on a prior Title...
