McGarry v. Pallito et al

Filing 58

ORDER Affirming, Approving and Adopting 57 Magistrate Judge's Report and Recommendation. Defendants 54 Motion to Dismiss for failure to allege physical injury is DENIED. In addition, Defendants 54 Motion to Dismiss on the basis of persona l involvement is GRANTED with respect to Defendants Sorrell, Cannon, CO Forcier, Santos, Liff and Various Attorneys, but is DENIED as it relates to all remaining Defendants. This matter is returned to the Magistrate Judge for further proceedings. Signed by District Judge J. Garvan Murtha on 7/2/2013. (kak)

UNITED STATES DISTRICT COURT
FOR THE
DISTRICT OF VERMONT

FINBAR McGARRY,
Plaintiff,

:
:
:
v.
:
:
ANDREW PALLITO, GREG HALE,
:
RICHARD BYRNES, RICHARD GALLOW, :
JOE WOLSKE, JOHN CANNON,
:
CO FORCIER, SHERYLYN MATTHANS, :
JEFF COBB, PAUL CROSS,
:
SAMUEL SANTOS, MICHAEL LIFF,
:
VARIOUS TURNKEYS,
:
EVELYN CUSHING, VARIOUS
:
LAWYERS, WILLIAM SORRELL,
:
STATE OF VERMONT,
:
Defendants.
:

File No. 1:09-cv-128

ORDER
The Magistrate Judge's Report and Recommendation was filed May 22, 2013.
(Doc. 57.) After de novo review and absent objection, the Report and
Recommendation (“R&R”) is AFFIRMED, APPROVED and ADOPTED. See 28 U.S.C.
§ 636(b)(1).
Defendants’ Motion to Dismiss for failure to allege physical injury (Doc. 54) is
DENIED. In addition, Defendants’ Motion to Dismiss on the basis of personal
involvement (Doc. 54) is GRANTED with respect to Defendants Sorrell, Cannon, “CO
Forcier,” Santos, Liff and “Various Attorneys,” but is DENIED as it relates to all
remaining Defendants.

In adopting the R&R, the Court has determined Plaintiff has alleged sufficient
facts to withstand the motion to dismiss and is entitled to offer evidence to support his
claim. The Court has made no factual determinations.
This matter is returned to the Magistrate Judge for further proceedings.
SO ORDERED.
Dated at Brattleboro, in the District of Vermont, this 2nd day of July, 2013.

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

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