Towle v. Vaughn et al

Filing 11

///ORDER approving 9 Report and Recommendation. So Ordered by Judge Paul J. Barbadoro.(vln)

UNITED STATES DISTRICT COURT
DISTRICT OF NEW HAMPSHIRE
Robert V. Towle
v.

Civil No. 12-cv-299-PB

Timothy J. Vaughn, et al

O R D E R
After due consideration of the objection filed,

I herewith

approve the Report and Recommendation of Magistrate Judge Landya B.
McCafferty dated December 20, 2012.

Section 1983 provides that

"in

any action brought against a judicial officer for an act or omission
taken in such officer’s judicial capacity, injunctive relief shall
not be granted unless a declaratory decree was violated or
declaratory relief was unavailable."
As I explained in Puiia v. Cross, 2012DNH135,

this provision

bars a section 1983 plaintiff from obtaining injunctive or
declaratory relief against a state judicial officer under section
1983 in the circumstances presented in this case. Plaintiff does not
otherwise take issue with the report and recommendation. Accordingly
the report and recommendation is approved and the case is dismissed.
SO ORDERED.
/s/ Paul Barbadoro
Paul Barbadoro
United States District Judge
Date: January 14, 2013
cc: Robert V. Towle