Murphy v. State of Vermont Department of Corrections et al

Filing 33

ORDER Adopting 31 Report and Recommendation granting 22 Renewed Motion for Summary Judgment. In addition, the Court declines to exercise supplemental jurisdiction over any state law claims, dismisses Murphys request for injunctive relief, and dismisses Murphys claims against John and Jane Doe. 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). Signed by Judge William K. Sessions III on 3/7/2016. (jam)

UNITED STATES DISTRICT COURT
FOR THE
DISTRICT OF VERMONT
Lindley Murphy,

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: File No. 2:14 CV 126
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Plaintiff,
v.
State of Vermont Department of
Corrections, Greg Hale, Northwest
State Correctional Facility,
John Doe, and Jane Doe,
Defendants.
ORDER

The Report and Recommendation of the United States
Magistrate Judge was filed February 25, 2016.

Plaintiff’s

objections were filed March 7, 2016.
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 recommendations in full.
IT IS HEREBY ORDERED that the Defendants’ Renewed Motion

for Summary Judgment (Doc. 22) is GRANTED.

In addition, the

Court declines to exercise supplemental jurisdiction over any
state law claims, dismisses Murphy’s request for injunctive
relief, and dismisses Murphy’s claims against John and Jane
Doe.
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 7th
day of March, 2016.
/s/ William K. Sessions III
William K. Sessions III
District Court Judge