Morales v. Pallito

Filing 30

ORDER ADOPTING 23 REPORT AND RECOMMENDATION denying as moot 3 and 14 Motions to Appoint Counsel ; denying 20 Motion for Default Judgment; granting 12 Motion to Dismiss for Failure to State a Claim. Signed by Judge William K. Sessions III on 4/29/2014. (law)

UNITED STATES DISTRICT COURT
FOR THE
DISTRICT OF VERMONT
MARTIN DEMETRIO MORALES,
Plaintiff,
v.
ANDREW PALLITO,
Defendant.

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: File No. 2:13 CV 271
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ORDER

The Report and Recommendation of the United States
Magistrate Judge was filed March 31, 2014.

Plaintiff’s

objections were filed April 16, 2014.
A district judge must make a de novo determination of
those portions of a magistrate judge's report and
recommendation to which an objection is made.

Fed. R. Civ. P.

72(b); 28 U.S.C. § 636(b) (1); Perez-Rubio v. Wyckoff, 718
F.Supp. 217, 227 (S.D.N.Y. 1989).

The district judge may

"accept, reject, or modify, in whole or in part, the
magistrate's proposed findings and recommendations."

Id.

After careful review of the file, the Magistrate Judge's
Report and Recommendation and the objections, this
Court ADOPTS the Magistrate Judge's recommendation in full
dismissing Plaintiff’s complaint (Doc. 6).

In addition, the

Plaintiff’s Motions to Appoint Counsel (Doc. 3, 14) are DENIED
AS MOOT, Plaintiff’s motion on the issue of default judgment

(Doc. 20) is DENIED and Defendant’s Motion to Dismiss (Doc. 12)
is GRANTED.
Dated at Burlington, in the District of Vermont, this 29th
day of April, 2014.

/s/ William K. Sessions III
William K. Sessions III
District Court Judge

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