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UNITED STATES DISTRICT COURT
DISTRICT OF MAINE  

TIMOTHY B. NADEAU,     )
       )
Plaintiff,      )
       )
v.       )  2:10-cv-00249-DBH
       )
MAINE DEPARTMENT OF CORRECTIONS,  )
et al.,        )
       )
Defendants      )

RECOMMENDED DECISION

Timothy Nadeau, a state court prisoner, has sued two nurses employed by Correctional Medical Services and a corrections officer at the Maine Correctional Center.  He has also named Martin Magnusson, the Commissioner of the Department of Corrections, as a defendant.  Nadeau.s initial pleadings were confusing, but following extending an opportunity to amend, after initial screening and this court.s adoption of my recommendation concerning the sufficiency of the amended complaint, the four individuals identified above remain the sole defendants in this action.  Two of those defendants, Eric Thompson, the corrections officer, and Martin Magnusson, the Commissioner, have moved for summary judgment.  
The defendants filed a twenty-one paragraph statement of material fact.  Nadeau responded to the motion for summary judgment, but he did not file a response to the statement of fact in compliance with District of Maine Local Rule 56 (c) and the defendants. statements are therefore deemed admitted under Local Rule 56(f).  Nevertheless, I have considered the documents submitted by Nadeau in opposition to the summary judgment motion and I have included them within the statement of fact set forth below.  I now recommend that the court grant
Thompson.s motion for the reasons set forth in his motion and grant Magnusson.s motion for the reasons set forth in the recommended decision.1
1  The defendants. joint motion raises only one issue

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Maine Law