Atherton v. Orleans County Sheriff's Department

Filing 35

ORDER ADOPTING 34 REPORT AND RECOMMENDATION denying as moot 26 Motion to Appoint Counsel ; granting 24 and 30 Motions to Dismiss for Failure to State a Claim and this case is DISMISSED. A certificate of appealability is DENIED because the petitioner has failed to make a substantial showing of denial of a federal right. Furthermore, it is certified that any appeal taken in forma pauperis would not be taken in good faith pursuant to 28 U.S.C. § 1915(a)(3). Signed by Judge William K. Sessions III on 10/15/2014. (law)

UNITED STATES DISTRICT COURT
FOR THE
DISTRICT OF VERMONT
JASON ATHERTON,

:
:
:
v.
: Docket No. 2:14-CV-14
:
ORLEANS COUNTY SHERIFF’S
:
DEPARTMENT, MARKETPLACE
:
INSURANCE, DEPUTY KYLE INGALLS, :
DEPUTY CORY BINGHAM,
:
Defendants. :
Plaintiff,

ORDER
The Report and Recommendation of the United States
Magistrate Judge was filed September 18, 2014.

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 Orleans County Sheriff’s Department’s Motion to
Dismiss the Amended Complaint (Doc. 24) and Deputy Ingalls and
Deputy Bingham’s Motion to Dismiss the Amended Complaint (Doc.
30) is GRANTED and this case is DISMISSED.

It is further

ordered that Plaintiff’s Motion to Appoint Counsel (Doc. 26) is
DENIED AS MOOT.
Pursuant to Fed. R. App. P. 22(b), a certificate of
appealability is DENIED because the petitioner has failed to
make a substantial showing of denial of a federal right.
Furthermore, the petitioner’s grounds for relief do not present

issues which are debatable among jurists of reasons, which
could have been resolved differently, or which deserve further
proceedings.

See e.g., Flieger v. Delo, 16 F.3rd 878, 882-83

(8th Cir.) cert. denied, 513 U.S. 946 (1994); Sawyer v.
Collins, 986 F.2d 1493, 1497 (5th cir.), cert. denied, 508 U.S.
933 (1993).
Furthermore, it is certified that any appeal of this
matter would not be taken in good faith, pursuant to

28 U.S.C.

§ 1915(a)(3).
Dated at Burlington, in the District of Vermont, this
15th day of October, 2014.
/s/ William K. Sessions III
William K. Sessions III
District Court Judge