Silber v. Pallito et al

Filing 33

ORDER AFFIRMING, APPROVING and ADOPTING 31 REPORT AND RECOMMENDATION: 3 and 8 Motions for Preliminary Injunction are DENIED; 30 Motion to Dismiss is DENIED. Any appeal taken in forma pauperis from this Order would not be taken in good faith because such an appeal would be frivolous. This matter is returned to Magistrate Judge Conroy for further proceedings. Signed by Judge J. Garvan Murtha on 12/23/2009. (wjf)

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF VERMONT

DAVID J. SILBER, Plaintiff

: : : v. : : ANDREW PALLITO, ROBERT : HOFMANN, ROBERT KUPEC, : RAYMOND FLUM, DAVID BOVAT, : ELLEN McWARD, ANITA CARBONELL, : DOMINIC DAMATO, JAMES KAMEL, : MARK POTANIS, : Defendants :

File No. 1:09-CV-73

ORDER The Magistrate Judge's Report and Recommendation was filed December 1, 2009. (Paper 31.) 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 plaintiff's Motions for Preliminary Injunction (Papers 3, 8) are DENIED. To the extent the defendants have moved in their Supplemental Documentation in Opposition to Plaintiff's Motion for Preliminary Injunction (Paper 30) to have this case dismissed, the motion is DENIED. 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). This matter is returned to Magistrate Judge Conroy for further proceedings.

SO ORDERED. Dated at Brattleboro, in the District of Vermont, this 23rd day of December, 2009.

/s/ J. Garvan Murtha Honorable J. Garvan Murtha Senior United States District Judge

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