Avallone v. Hofmann et al

Filing 61

ORDER ADOPTING 58 REPORT AND RECOMMENDATION: 57 Motion to Dismiss and 55 Motion to Dismiss are DENIED; Joint Proposed Discovery Schedule due within 20 days from date of this order. Signed by Judge William K. Sessions III on 3/31/2009. (law)

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF VERMONT

ROBERT AVALLONE,

: Plaintiff, : : v. : Docket No. 2:06-CV-253 : 2:07-CV-1 ROBERT HOFMAN, LESA TROWT, : (Consolidated) DR. SUSAN WEHRY, JOHN DOE, : JANE DOE, VERMONT DEPARTMENT : OF CORRECTIONS, DR. JOHN : LEPPMAN, DR. ROUSSE, PRISON : HEALTH SERVICES, DR. BALLARD, : MHM CORRECTIONAL SERVICES, INC.,: Defendants. :

ORDER The Report and Recommendation of the United States Magistrate Judge was filed March 10, 2009. 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 motions to dismiss filed by defendant Lisa Trowt (Paper 55) and Dr. Ballard and MHM Correctional Services, Inc., (Paper 57) are DENIED. The parties are to submit a new

discovery schedule order within twenty days from the date of this order. If Plaintiff fails to abide by said discovery

order, sanctions, including dismissal may be ordered.

Dated at Burlington, in the District of Vermont, this 31st day of March, 2009. /s/ William K. Sessions III William K. Sessions III Chief Judge