Richardson v. State of Vermont et al

Filing 52

ORDER Affirming, Approving and Adopting Magistrate Judge's 49 Report and Recommendation GRANTING 42 Defendants' Motion for Summary Judgment. Signed by District Judge J. Garvan Murtha on 12/7/2016. (kak)

UNITED STATES DISTRICT COURT
FOR THE
DISTRICT OF VERMONT

DEVIN RICHARDSON,
Plaintiff,

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v.
STATE OF VERMONT, VERMONT
DEPARTMENT OF CORRECTIONS,
ANDREW PALLITO, GREG HALE,
and MATTHEW BROUILLETTE,
Defendants.

File No. 1:15-cv-120-jgm-jmc

ORDER
The Magistrate Judge's Amended Report and Recommendation was filed
November 4, 2016. (Doc. 49.) After de novo review and over objection, the Report and
Recommendation is AFFIRMED, APPROVED and ADOPTED. See 28 U.S.C. §
636(b)(1).
Defendants’ Motion for Judgment on the Pleadings (Doc. 42) is GRANTED as
follows, and Plaintiff’s Amended Complaint (Doc. 11) is DISMISSED:
1.

Defendants’ Motion is GRANTED on the basis of Matthew Brouillette’s

lack of personal involvement, and the claims for monetary damages against Brouillette
in his personal capacity are DISMISSED.
2.

Defendants’ Motion is GRANTED on the basis of lack of subject matter

jurisdiction, and Plaintiff’s claims for injunctive relief against Defendants in their official
capacities is DISMISSED.

3.

Defendants’ Motion is GRANTED on the basis that Plaintiff has not

established violations of his procedural and substantive due process rights, and any
remaining claims by Plaintiff against Defendants are DISMISSED.
4.

Plaintiff has not sufficiently pleaded a claim for punitive damages;

therefore, Defendants’ Motion is GRANTED and any punitive damages claims are
DISMISSED.
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 7th day of December, 2016.

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