Martin v. Pallito
Filing
15
ORDER ADOPTING 14 REPORT AND RECOMMENDATION; granting 10 Motion to Dismiss for Failure to State a Claim. Plaintiff shall be allowed thirty days to file an Amended Complaint. Failure to file an Amended Complaint on or before January 10, 2014 shall result in the dismissal of this case with prejudice. Signed by District Judge J. Garvan Murtha on 12/10/2013. (wjf)
UNITED STATES DISTRICT COURT
FOR THE
DISTRICT OF VERMONT
ANDRE MARTIN,
Plaintiff,
v.
ANDREW PALLITO, Commissioner,
Vermont Department of Corrections,
Defendant.
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File No. 1:13-cv-70-jgm
ORDER
The Magistrate Judge's Report and Recommendation was filed October 25,
2013. (Doc. 14.) 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. 10) is GRANTED. Plaintiff shall be allowed
thirty days to file an Amended Complaint. Failure to file an Amended Complaint on or
before January 10, 2014 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 10th day of December, 2013.
/s/ J. Garvan Murtha
Honorable J. Garvan Murtha
United States District Judge
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