Richardson v. State of Vermont et al

Filing 38

ORDER Adopting 34 Report and Recommendation denying 31 MOTION for Summary Judgment. The matter is returned to the magistrate judge for further proceedings. It is certified that any appeal of this matter would not be taken in good faith, pursuant to 28 U.S.C. § 1915(a)(3). Signed by District Judge J. Garvan Murtha on 4/12/2016. (esb)

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UNITED STATES DISTRICT COURT FOR THE DISTRICT OF VERMONT DEVIN RICHARDSON, Plaintiff, v. STATE OF VERMONT, ANDREW PALLITO, GREG HALE, BROUILLETTE, Defendants. : : : : : : : : : File No. 1:15-cv-120-jgm-jmc ORDER The Magistrate Judge's Report and Recommendation was filed March 17, 2016. (Doc. 34.) After de novo review and absent objection, the Report and Recommendation is AFFIRMED, APPROVED and ADOPTED. See 28 U.S.C. § 636(b)(1). Plaintiff’s motion for summary judgment (Doc. 31) is DENIED without prejudice. This matter is returned to Magistrate Judge John M. Conroy for further 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 12th day of April, 2016. /s/ J. Garvan Murtha Honorable J. Garvan Murtha United States District Judge

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