Ladd v. Menard et al

Filing 24

ORDER Adopting 21 Report and Recommendation granting 11 MOTION to Dismiss for Failure to State a Claim. Plaintiff is allowed thirty days to file an Amended Complaint. Failure to file within thirty days will result in dismissal of this action with prejudice. Signed by District Judge J. Garvan Murtha on 11/17/2016. (esb)

UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF VERMONT
EUGENE F. LADD,
Plaintiff,
v.
LISA MENARD, Commissioner, Vermont
Department of Corrections; and
DEBORAH THIBAULT, Superintendent,
Burlington Probation and Parole Office,
Defendants.

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File No. 1:16-cv-00067-jgm

ORDER
j
The Magistrate Judge's Report and Recommendation was filed September 12,
2016. (Doc. 21.) Plaintiff Eugene F. Ladd requested a thirty-day extension to file an
objection to the Report and Recommendation and the deadline was extended until
October 31, 2016. (Docs. 22, 23.) An objection has not been filed. The Report and
Recommendation is AFFIRMED, APPROVED and ADOPTED. See 28 U.S.C. §
636(b)(1).
Defendants’ Motion to Dismiss (Doc. 11) is GRANTED. Plaintiff shall be allowed
thirty days to file an Amended Complaint. The amended filing should be entitled
“Amended Complaint” and contain all claims against all parties, as it will supersede the
original Complaint in all respects. Failure to file an Amended Complaint within thirty
days will result in dismissal of this action with prejudice.
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