Cafferky v. Pallito

Full title: CHRISTOPHER J. CAFFERKY, Plaintiff, v. ANDREW PALLITO, Defendant

Court: United States District Court, D. Vermont

Date published: Jul 29, 2010

File No. 1:09-cv-00193-jgm (D. Vt. Jul. 29, 2010)

Opinion

File No. 1:09-cv-00193-jgm.

July 29, 2010

ORDER

J. MURTHA, District Judge

The Magistrate Judge's Report and Recommendation was filed July 1, 2010. (Doc. 19.) After de novo review and absent objection, the Report and Recommendation is AFFIRMED, APPROVED and ADOPTED.See 28 U.S.C. § 636(b)(1).

Defendant's Motion to Dismiss (Doc. 9) is GRANTED. Plaintiff shall be allowed 30 days from the date of this Order to file an amended complaint. Failure to file an amended complaint on or before August 30, 2010 will result in the dismissal of this case with prejudice. Plaintiff's Motion for Injunction on the Department of Corrections (Doc. 11), construed as a motion for release from state custody, is DENIED.

It is further certified that any appeal taken in forma pauperis from this Order would not be taken in good faith because such an appeal would be frivolous. See 28 U.S.C. § 1915(a)(3).

SO ORDERED.