Rheaume v. Pallito et al

Filing 85

ORDER Adopting 80 Report and Recommendation ; granting 68 Motion to Dismiss for Failure to State a Claim and 57 Second Amended Complaint 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 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 6/14/2016. (law)

UNITED STATES DISTRICT COURT
FOR THE
DISTRICT OF VERMONT
Allen Rheaume,
Plaintiff,
v.
Andrew Pallito, Mark Potanas,
Cullen Bullard, Kris Goldstein,
Samantha Clarke, Kim Bushey,
Jim Gibson, Dale Crook,
Larry Martineau, Tammy Kennison,
and Brad Dunsmore,
Defendants.

:
:
:
:
: File No. 2:15 CV 135
:
:
:
:
:
:
:
:
:

ORDER
The Report and Recommendation of the United States
Magistrate Judge was filed May 11, 2016.

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.
IT IS HEREBY ORDERED that Defendants’ Motion to Dismiss
(Doc. 68) is GRANTED and Rheaume’s Second Amended Complaint
(Doc. 57) is DISMISSED.
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 14th
day of June, 2016.

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