Moran v. Pallito

Filing 12

ORDER Affirming, Approving and Adopting 11 Magistrate Judge's Report and Recommendation re 7 Motion to Dismiss. Dft's 7 Motion to Dismiss is GRANTED. Plaintiff shall be allowed 30 days from the date of this Order to file and amended complaint. Failure to file a properly amended complaint on or before 6/28/2010 will result in the dismissal of this case with prejudice. Signed by Judge J. Garvan Murtha on 5/28/2010. (kak)

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF VERMONT LEO MORAN, Plaintiff v. ANDREW PALLITO, Defendant : : : : : : : : : ORDER The Magistrate Judge's Report and Recommendation was filed May 7, 2010. (Paper 11.) After de novo review and absent objection, the Report and Recommendation is AFFIRMED, APPROVED and ADOPTED. See 28 U.S.C. § 636(b)(1). Defendants' Motion to Dismiss (Paper 7) is GRANTED. Plaintiff shall be allowed 30 days from the date of this Order to file an amended complaint. Failure to file a properly amended complaint on or before June 28, 2010 will result in the dismissal of this case with 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 28th day of May, 2010.

File No. 1:09-cv-227

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