Smith v. Byrne et al

Filing 19

ORDER Adopting 17 Report and Recommendation ; granting 10 Motion to Dismiss for Failure to State a Claim. Plaintiff allowed 30 days from date of this order amend complaint (failure to file a timely amended complaint will result in the dismissal of this case). Signed by Judge William K. Sessions III on 1/23/2015. (law)

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UNITED STATES DISTRICT COURT FOR THE DISTRICT OF VERMONT Peter M. Smith, Plaintiff, v. Richard Byrne and Darryl Graham, Defendants. : : : : Civil Action No. 2:14 CV 20 : : : : ORDER The Report and Recommendation of the United States Magistrate Judge was filed December 2, 2014. Plaintiff’s objections were filed on December 29, 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 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’ Motion to Dismiss (Doc. 10) is GRANTED. It is further ordered that plaintiff be allowed 30 days leave from the date of this order to amend his complaint. Failure to file a timely amended complaint will result in the dismissal of the case with prejudice. Dated at Burlington, in the District of Vermont, this 23rd day of January, 2015. /s/ William K. Sessions III William K. Sessions III District Court Judge

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