Root v. Pallito

Filing 12

ORDER AFFIRMING, APPROVING and ADOPTING the Magistrate Judge's 11 Report and Recommendation: 9 Motion to Dismiss filed by Andrew Pallito is GRANTED and this case is DISMISSED without prejudice. Plaintiff Root shall file an Amended Complaint by 12/5/2012. Failure to file an amended complaint shall result in the dismissal of this case with prejudice. It is further taken that 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 District Judge J. Garvan Murtha on 11/5/2012. (kak)

UNITED STATES DISTRICT COURT
FOR THE
DISTRICT OF VERMONT
KYLE ROOT,
Plaintiff,
v.
ANDREW PALLITO, Commissioner,
Vermont Department of Corrections,
Defendant.

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File No. 1:12-cv-70-jgm

ORDER
The Magistrate Judge's Report and Recommendation was filed October 2, 2012.
(Doc. 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 (Doc. 9) is GRANTED and the case is
DISMISSED without prejudice. Plaintiff shall be allowed thirty days to file an Amended
Complaint. Failure to file an Amended Complaint on or before December 5, 2012 shall
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 5th day of November, 2012.
/s/ J. Garvan Murtha
Honorable J. Garvan Murtha
United States District Judge