Henault v. Hofmann

Filing 9

ORDER AFFIRMING, APPROVING and ADOPTING 8 Magistrate Judge's REPORT AND RECOMMENDATION for 6 Motion to Dismiss filed by Robert Hofmann. The dft's unopposed 6 Motion to Dismiss is GRANTED. It is further certified that any appeal taken in forma pauperis from this Order would not be taken in good faith because such an appeal would be frivolous. Signed by Judge J. Garvan Murtha on 8/17/2009. (kak)

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UNITED STATES DISTRICT COURT FOR THE DISTRICT OF VERMONT DAVID HENAULT, Plaintiff v. ROBERT HOFMANN, Commissioner Defendant : : : : : : : File No. 1:09-CV-21 ORDER The Magistrate Judge's Report and Recommendation was filed June 18, 2009. (Paper 8.) After de novo review and absent objection, the Report and Recommendation is AFFIRMED, APPROVED and ADOPTED. See 28 U.S.C. § 636(b)(1). The defendant's unopposed motion to dismiss (Paper 6) is GRANTED. This case is DISMISSED. It is further certified that any appeal taken in forma pauperis from this Order would not be taken in good faith because such an appeal would be frivolous. See 28 U.S.C. § 1915(a)(3). SO ORDERED. Dated at Brattleboro, in the District of Vermont, this 17th day of August, 2009. /s/ J. Garvan Murtha Honorable J. Garvan Murtha Senior United States District Judge

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