Coon v. Shea et al

Filing 8

ORDER ADOPTING 3 REPORT AND RECOMMENDATION granting 1 Application for Leave to Proceed in Forma Pauperis. 4 Complaint is DISMISSED without prejudice for lack of subject-matter jurisdiction with leave to amend. Plaintiff is allowed 30 days to file an Amended Complaint (note: already filed, see 7 Amended Complaint). Signed by Judge William K. Sessions III on 6/2/2014. (law)

UNITED STATES DISTRICT COURT
FOR THE
DISTRICT OF VERMONT
Donald J. Coon,
Petitioner,
v.
Mark Shea, Shea Family Funeral
Homes, Washington County
New York Surrogate’s Clerk’s
Office, Ted Wilson, Barbara
Smith, Jane Doe, Clerk,
Respondent.

:
:
:
: File No. 2:14-CV-85
:
:
:
:
:
:
:

ORDER
The Report and Recommendation of the United States
Magistrate Judge was filed May 8, 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.
Coon’s Application for Leave to Proceed in Forma Pauperis
(Doc. 1) is GRANTED.

In addition, the Court, on its own

motion, DISMISSES the complaint (Doc. 1-2) without prejudice
for lack of subject-matter jurisdiction, with leave to amend.
Plaintiff is allowed thirty (30) days from the date of this
Order to file an Amended Complaint.

The Court notes that Coon

has already filed the Amended Complaint consistent with the
Report and Recommendation.

Dated at Burlington, in the District of Vermont, this 2nd
day of June, 2014.
/s/ William K. Sessions III
William K. Sessions III
District Court Judge