Levesque v. Doe(s) (1) et al

Filing 44

ORDER Adopting 39 Report and Recommendation, denying 38 MOTION for Preliminary Injunction, MOTION to Reopen Case, MOTION for Leave to Proceed in Forma Pauperis, MOTION to Compel. Signed by District Judge J. Garvan Murtha on 11/17/2016. (esb)

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UNITED STATES DISTRICT COURT FOR THE DISTRICT OF VERMONT ANDRE R. LEVESQUE, Plaintiff, v. JOHN AND JANE DOES OF THE FEDERAL BUREAU OF PRISONS; JOHN AND JANE DOES OF NORTHWEST STATE CORRECTIONAL FACILITY SWANTON, VT; JOHN AND JANE DOES OF METROPOLITAN DETENTION AND CORRECTIONAL CENTERS; JOHN AND JANE DOES OF STRAFFORD COUNTY HOUSE OF CORRECTIONS; JOHN AND JANE DOES OF U.S. MARSHALS SERVICE, Defendants. : : : : : : : : : : : : : : : : : : : File No. 1:14-cv-00188-jgm ORDER The Magistrate Judge's Report and Recommendation was filed September 26, 2016. (Doc. 39.) After de novo review and over objection, the Report and Recommendation is AFFIRMED, APPROVED and ADOPTED. See 28 U.S.C. § 636(b)(1). Plaintiff’s Motion for an “Emergency Injunction, Re-Open the Case/Waive Filing Fees, Vacate and/or Compel” (Doc. 38) is denied in all respects. 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 November, 2016. /s/ J. Garvan Murtha Honorable J. Garvan Murtha United States District Judge 2

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