Cafferky v. Pallito

Filing 34

ORDER AFFIRMING, APPROVING and ADOPTING 30 Magistrate Judge's Report and Recommendation. Defendants' 22 Motion to Dismiss Amended Complaint is GRANTED. Any claim against Defendant Bracaccio relating to pltf's parole violation is DISMISSED without prejudice. 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 Senior Judge J. Garvan Murtha on 3/29/2011. (kak)

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-jmc Cafferky v. Pallito Doc. 34 UNITED STATES DISTRICT COURT FOR THE DISTRICT OF VERMONT Christopher J. Cafferky, Plaintiff, : : : v. : : Andrew Pallito, Celeste Girrell, : Scott Shafer, Carol Callea, : Robert Bowen and Dennis Brancaccio, : Defendants. : File No. 1:09-cv-00193-jgm ORDER The Magistrate Judge's Report and Recommendation was filed February 14, 2011. (Doc. 30.) After de novo review and over objection, the Report and Recommendation is AFFIRMED, APPROVED and ADOPTED. See 28 U.S.C. § 636(b)(1). Defendants' Motion to Dismiss Plaintiff's Amended Complaint (Doc. 22) is GRANTED and this case is DISMISSED. Any claim against Defendant Brancaccio relating to Plaintiff's parole violation is DISMISSED without prejudice. 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 March, 2011. /s/ J. Garvan Murtha Honorable J. Garvan Murtha Senior United States District Judge Dockets.Justia.com

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