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Martin v. Pallito

United States District Court, Second Circuit

December 10, 2013

ANDRE MARTIN, Plaintiff,
v.
ANDREW PALLITO, Commissioner, Vermont Department of Corrections, Defendant.

ORDER

J. GARVAN MURTHA, District Judge.

The Magistrate Judge's Report and Recommendation was filed October 25, 2013. (Doc. 14.) After de novo review and absent objection, the Report and Recommendation is AFFIRMED, APPROVED and ADOPTED. See 28 U.S.C. ยง 636(b)(1).

Defendants' Motion to Dismiss (Doc. 10) is GRANTED. Plaintiff shall be allowed thirty days to file an Amended Complaint. Failure to file an Amended Complaint on or before January 10, 2014 shall 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 ...


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