Byrne v. Trudell et al

Filing 65

ORDER AFFIRMING, APPROVING AND ADOPTING 64 REPORT AND RECOMMENDATION granting 61 Motion to Dismiss Case for Lack of Prosecution. All remaining claims against Defendants are DISMISSED 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.Signed by District Judge J. Garvan Murtha on 7/1/2014. (esb)

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UNITED STATES DISTRICT COURT FOR THE DISTRICT OF VERMONT JUSTIN L. BYRNE, : : Plaintiff, : : v. : : MARY TRUDELL, JENNA COGUEN, : JOANNE PEREIRA, TOM DUNN, : ANDREW PALLITO, JEFFREY LEGGIO, : DAVE NESBITT, : : Defendants. : File No. 1:12-cv-245-jgm-jmc ORDER The Magistrate Judge's Report and Recommendation was filed June 10, 2014. (Doc. 64.) 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 for Failure to Prosecute and Comply (Doc. 61) is GRANTED. All remaining claims against Defendants are DISMISSED 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 1st day of July, 2014. /s/ J. Garvan Murtha Honorable J. Garvan Murtha United States District Judge

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