Burke v. Pallito et al

Filing 13

ORDER ADOPTING 12 REPORT AND RECOMMENDATION: 8 and 11 Motions to Dismiss are granted. Plaintiff is allowed 30 days to amend his complaint or failure to file a timely amended complaint will result is the dismissal of this case. Signed by Judge William K. Sessions III on 3/23/2010. (law)

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF VERMONT James T. Burke, Plaintiff, v. Andrew Pallito, State of Vermont, Defendants. : : : : File No. 2:09 CV 154 : : : : ORDER The Report and Recommendation of the United States Magistrate Judge was filed February 26, 2010. After careful

review of the file and the Magistrate Judge's Report and Recommendation, no objections having been filed by any party, this Court ADOPTS the Magistrate Judge's recommendations in full for the reasons stated in the Report. The defendants' motions to dismiss (Docs. 8 and 11) are GRANTED. It is further ordered that plaintiff be allowed 30

days leave to amend his complaint regarding the deprivation of outside recreational opportunities. The motion to amend must

comport with Local Rules of Practice 15 and should be filed within 30 days of the date of this Order. Failure to file a

timely amended complaint will result in the dismissal of the case. Dated at Burlington, in the District of Vermont, this 23rd day of March, 2010. /s/ William K. Sessions III William K. Sessions III Chief Judge