Moran v. Pallito

Full title: LEO MORAN, Plaintiff v. ANDREW PALLITO, Defendant

Court: United States District Court, D. Vermont

Date published: May 28, 2010

File No. 1:09-cv-227 (D. Vt. May. 28, 2010)

Opinion

File No. 1:09-cv-227.

May 28, 2010

ORDER

J. MURTHA, District Judge

The Magistrate Judge's Report and Recommendation was filed May 7, 2010. (Paper 11.) After de novo review and absent objection, the Report and Recommendation is AFFIRMED, APPROVED and ADOPTED.See 28 U.S.C. § 636(b)(1).

Defendants' Motion to Dismiss (Paper 7) is GRANTED. Plaintiff shall be allowed 30 days from the date of this Order to file an amended complaint. Failure to file a properly amended complainton or before June 28, 2010 will result in the dismissal of this case with prejudice.

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.