Cafferky v. Pallito

Filing 20

ORDER Affirming, Approving and Adopting 19 Magistrate Judge's Report and Recommendation. Dft's 9 Motion to Dismiss is GRANTED. Pltf shall be allowed 30 days from the date of this Order to file an amended complaint. Failure to file an amended complaint on or before 8/30/2010 will result in the dismissal of this case with prejudice. Pltf's 11 Motion for Injunction on the Dept of Corrections, construed as a motion for release from state custody, 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 and appeal would be frivolous. Signed by Judge J. Garvan Murtha on 7/29/2010.

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Cafferky v. Pallito Doc. 20 UNITED STATES DISTRICT COURT FOR THE DISTRICT OF VERMONT CHRISTOPHER J. CAFFERKY, Plaintiff, v. ANDREW PALLITO, Defendant. : : : : : : : ORDER The Magistrate Judge's Report and Recommendation was filed July 1, 2010. (Doc. 19.) After de novo review and absent objection, the Report and Recommendation is AFFIRMED, APPROVED and ADOPTED. See 28 U.S.C. 636(b)(1). Defendant's Motion to Dismiss (Doc. 9) is GRANTED. Plaintiff shall be allowed 30 days from the date of this Order to file an amended complaint. Failure to file an amended complaint on or before August 30, 2010 will result in the dismissal of this case with prejudice. Plaintiff's Motion for Injunction on the Department of Corrections (Doc. 11), construed as a motion for release from state custody, 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). SO ORDERED. Dated at Brattleboro, in the District of Vermont, this 29th day of July, 2010. /s/ J. Garvan Murtha Honorable J. Garvan Murtha Senior United States District Judge File No. 1:09-cv-00193-jgm Dockets.Justia.com

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