Lumumba v. Beyor et al

Filing 14

ORDER Affirming, Approving and Adopting 13 Magistrate Judge's Report and Recommendation: 12 Motion to Dismiss for Failure to State a Claim filed by Michael Beyor and Northwest State Correctional Facility is GRANTED. Plaintiffshall be allowe d 30 days to file an Amended Complaint. Failure to do so shall result in dismissal with prejudice of all of Lumumba's § 1983 claims against the State Defendants. The Court sua sponte DISMISSES Lumumba's § 1983 claim against Defendant Elijah Green. 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 4/17/2014.

UNITED STATES DISTRICT COURT
FOR THE
DISTRICT OF VERMONT

YETHA IDRISS LUMUMBA,
Plaintiff,
v.
MICHAEL BEYOR, ELIJAH GREEN,
NORTHWEST STATE CORRECTIONAL
FACILITY,
Defendants.

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File No. 1:13-cv-81-jgm-jmc

ORDER
The Magistrate Judge's Report and Recommendation was filed February 19,
2014. (Doc. 13.) After de novo review and absent objection, the Report and
Recommendation is AFFIRMED, APPROVED and ADOPTED. See 28 U.S.C. §
636(b)(1).
The Motion to Dismiss filed by Defendants Michael Beyor and Northwest State
Correctional Facility (“State Defendants”) (Doc. 12) is GRANTED. Plaintiff shall be
allowed 30 days to file an Amended Complaint. Failure to do so shall result in dismissal
with prejudice of all of Lumumba’s § 1983 claims against the State Defendants.
The Court sua sponte DISMISSES Lumumba’s § 1983 claim against Defendant
Elijah Green.
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 17th day of April, 2014.

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