Mabe v. Vermont Department of Corrections, Commissioner of the et al

Filing 10

ORDER AFFIRMING, APPROVING and ADOPTING the Magistrate Judge's 9 Report and Recommendation re: denying 7 Motion to Dismiss. This action is STAYED conditioned on plaintiff's pursuing state court remedies within 30 days, and his return to this Court within 30 days after exhausting those remedies. The Court,on its own motion, DISMISSES with prejudice plaintiff's claim insofar as it alleges defects in the post-conviction relief proceedings. It is further certified that any appeal taken in forma pauperis from this Orderwould not be taken in good faith because such an appeal would be frivolous. Signed by District Judge J. Garvan Murtha on 5/22/2014. (kak)

UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF VERMONT
MATTHEW J. MABE,
Petitioner,
v.
COMMISSIONER OF THE VERMONT
DEPARTMENT OF CORRECTIONS and
STATE OF VERMONT,
Respondents.

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File No. 1:14-cv-12-jgm

ORDER
The Magistrate Judge's Report and Recommendation was filed April 22, 2014.
(Doc. 9.) After de novo review and absent objection, the Report and Recommendation
is AFFIRMED, APPROVED and ADOPTED. See 28 U.S.C. § 636(b)(1).
Respondents’ Motion to Dismiss (Doc. 7) is DENIED. This action is STAYED
conditioned on Mabe’s pursuing state court remedies within thirty (30) days, and his
return to this Court within thirty (30) days after exhausting those remedies. The Court,
on its own motion, DISMISSES with prejudice Mabe’s claim insofar as it alleges defects
in the post-conviction relief proceedings.
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 22nd day of May, 2014.
/s/ J. Garvan Murtha
Honorable J. Garvan Murtha
United States District Judge