Preterotti v. Lora et al

Filing 12

ORDER Adopting 11 Magistrate Judge's Report and Recommendation granting 7 MOTION to Dismiss and the claims against two John Doe defendants sua sponte. 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

JOHN M. PRETEROTTI,
Plaintiff,
v.
CHRISTOPHER LORA, Vermont State
Police Officer; JOHN DOE, Station
Commander, Vermont State Police
Barracks; and JOHN DOE, Director of
State Police,
Defendants.

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File No. 1:16-cv-00091-jgm

ORDER
The Magistrate Judge's Report and Recommendation was filed October 6, 2016.
(Doc. 11.) The Report and Recommendation is AFFIRMED, APPROVED and
ADOPTED absent objection. See 28 U.S.C. § 636(b)(1).
Defendant Christopher Lora’s Motion to Dismiss Plaintiff’s Complaint in its
entirety (Doc. 7) is GRANTED. Further, the claims against the two John Doe
Defendants are DISMISSED sua sponte.
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

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