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UNITED STATES DISTRICT COURT DISTRICT OF MAINE WADE CHARLES DEVENEY, Plaintiff v. SCOTT STORY, et al., Defendants ) ) ) ) ) 2:10-cv-00356-JAW ) ) ) )

RECOMMENDED DECISION On August 24, 2010, Wade Charles Deveney, then an inmate at the Two Bridges Regional Jail, brought a lawsuit against Scott Story, the Sheriff of Waldo County, and Mark Westrom, the administrator of the Two Bridges Regional Jail, alleging that both men knew that Deveney was required to take antipsychotic medications pursuant to a court order and that they denied him those medications. On September 1, 2010, this court learned that Deveney had been released from custody and was living in Monroe, Maine. Both defendants were duly served with a copy of Deveneys complaint and they have now moved to dismiss the complaint. Deveney has not responded to the motion to dismiss. I now recommend that the court grant the defendants motion and dismiss this action with prejudice. Motion to Dismiss Standard Federal Rule of Civil Procedure 12(b)(6) provides that a complaint can be dismissed for "failure to state a claim upon which relief can be granted." Pursuant to District of Maine Local Rule 7(b) Deveneys failure to file a written response to defendants motion premised on Federal Rule of Civil Procedure 12(b)(6) means that he is deemed to have waived any objection to the motion. In this situation the court may grant the motion without further ado, as long as it does not offend equity to grant the unopposed motion to dismiss. See ITI Holdings, Inc. v. Odom,

468 F.3d 17, 19 (1st Cir.2006); NEPSK, Inc. v. Town of Houlton, 283 F.3d 1, 7 (1st Cir.2002). The United States Supreme Courts Ashcroft v. Iqbal, 556 U.S. __, 129 S. Ct. 1937 (2009) supplies the pleading standard for these allegations. In Iqbal the Supreme Court summarized: "Under Federal Rule of Civil Procedure 8(a)(2), a pleading must contain a ,,short and plain statement of the claim showing that the pleader is entitled to relief." 129 S. Ct. at 1949. It reiterated, "the pleading standard Rule 8 announces does not require ,,detailed factual allegations, but it demands more than an unadorned, the-defendant-unlawfully-harmed-me accusation." Id. (quoting Bell Atlantic Corp. v. Twombly, 550 U.S. 544 , 555 (2007)). "A pleading that offers ,,labels and conclusions or ,,a formulaic recitation of the elements of a cause of action will not do." Id. (quoting Twombly, 550 U.S., at 555). "Nor does a complaint suffice if it tenders ,,naked assertion[s] devoid of ,,further factual enhancement." Id. (quoting Twombly, 550 U.S. at 557). Discussion
In support of his claims against Sheriff Story and Jail Administrator Westrum, Mr. Deveney offers the following allegation: Waldo Co. Sheriff ET AL, T.B.R.J. Administrator ET AL Have Both been told by Plaintiff, Courts and Attorneys and others that Plaintiff needs to be on specific medication as prescribed by previous doctors, psychiatrists and Judges. Both defendants have blatantly with extreme indifference to Plaintiff and in contempt of Courts denied Plaintiff needed medication. (Compl.

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Maine Law