Burke v. Vermont et al

Filing 57

ORDER OF DISMISSAL. This case is DISMISSED WITHOUT PREJUDICE; the Clerk of Court is directed to close the case file. Signed by Chief Judge Geoffrey W. Crawford on 5/18/2023. (sjl)

Case 5:21-cv-00265-gwc-kjd Document 57 Filed 05/18/23 Page 1 of 1

UNITED STATES DISTRICT COURT
FOR THE
DISTRICT OF VERMONT

2823 HAY I 8 AH 11 : I J

James T. Burke,
Plaintiff,
v.

Civil Action No. 5:21-cv-265-gwc-kjd

James Baker; Nicholas Deml, Commissioner;
State of Vermont; Ms. Johnson,
Defendants.

ORDER OF DISMISSAL
On March 9, 2023, the court adopted the Report and Recommendation ("R&R") of
Magistrate Judge Kevin Doyle and dismissed Plaintiff James T. Burke's Complaint without
prejudice. (Doc. 56.) Mr. Burke was allowed sixty days, or until May 8, 2023, to file an
Amended Complaint "on the limited basis" explained in the R&R and summarized by the court.
The court determined that it would be futile for Mr. Burke to amend his complaint against the
State of Vermont, Commissioner Demi, and Ms. Johnson, however, he "may attempt to cure his
claims against Mr. Baker." Id. at 5.
As of the date of this Order, no further filings have been received. Consequently, this
case is DISMISSED WITHOUT PREJUDICE; the Clerk of Court is directed to close the case
file.
SO ORDERED.
Dated at Burlington, in the District of Vermont, this 18 th day of May 2023.

Geoffrey W. Crawford, Chief Judge
United States District Court