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UNITED STATES DISTRICT COURT DISTRICT OF MAINE

BARRY HIGGINS, Plaintiff, v. PENOBSCOT COUNTY SHERIFF'S DEPARTMENT, et al., Defendants.

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Civil No. 04-157-B-W

ORDER AFFIRMING THE RECOMMENDED DECISION OF THE MAGISTRATE JUDGE

The United States Magistrate Judge filed with the Court on June 2, 2005 her Recommended Decision (Docket No. 38). The Plaintiff filed his objection to the

Recommended Decision on June 9, 2005 and the Defendants filed their response to those objections on June 27, 2005. I have reviewed and considered the Magistrate Judge's Recommended Decision, together with the entire record; I have made a de novo determination of all matters adjudicated by the Magistrate Judge's Recommended Decision; and I concur with the recommendations of the United States Magistrate Judge for the reasons set forth in her Recommended Decision, and determine that no further proceeding is necessary.

1. It is therefore ORDERED that the Recommended Decision (Docket No. 38) of the Magistrate Judge is hereby AFFIRMED. 2. It is further ORDERED that the Plaintiff's Motion for Partial Summary Judgment (Docket No. 14) is DENIED.

/s/ John A. Woodcock, Jr. JOHN A. WOODCOCK, JR. UNITED STATES DISTRICT JUDGE

Dated this 15th day of August, 2005 Plaintiff BARRY HIGGINS represented by CHARLES E. GILBERT, III GILBERT & GREIF, P.A. 82 COLUMBIA STREET P.O. BOX 2339 BANGOR, ME 04402-2339 947-2223 Email: ceg@yourlawpartner.com LEAD ATTORNEY ATTORNEY TO BE NOTICED JULIE D. FARR GILBERT & GREIF, P.A. 82 COLUMBIA STREET P.O. BOX 2339 BANGOR, ME 04402-2339 947-2223 Email: jdf@yourlawpartner.com ATTORNEY TO BE NOTICED

V. Defendant PENOBSCOT COUNTY SHERIFF'S DEPARTMENT represented by CASSANDRA S. SHAFFER WHEELER & AREY, P.A. 27 TEMPLE STREET P. O. BOX 376 WATERVILLE, ME 04901 207-873-7771 Email: cshaffer@wheelerlegal.com LEAD ATTORNEY ATTORNEY TO BE NOTICED PETER T. MARCHESI WHEELER & AREY, P.A. 27 TEMPLE STREET

P. O. BOX 376 WATERVILLE, ME 04901 873-7771 Email: pbear@wheelerlegal.com LEAD ATTORNEY ATTORNEY TO BE NOTICED Defendant SHERIFF, PENOBSCOT COUNTY represented by CASSANDRA S. SHAFFER (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED PETER T. MARCHESI (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Defendant JOSHUA TIBBETTS represented by CASSANDRA S. SHAFFER (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED PETER T. MARCHESI (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED



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