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Johnson v. Pallito

United States District Court, D. Vermont

May 14, 2014

Edward Johnson, Plaintiff,
v.
Andrew Pallito, Commissioner, Vermont Department of Corrections, Defendant.

ORDER

WILLIAM K. SESSIONS, III, District Judge.

The Supplmental Report and Recommendation of the United States Magistrate Judge was filed April 21, 2014. 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 defendant's motion to dismiss (Doc. 56) with respect to plaintiff's class-of-one equal protection claims is GRANTED.

Pursuant to Fed. R. App. P. 22(b), a certificate of appealability is DENIED because the petitioner has failed to make a substantial showing of denial of a federal right. Furthermore, the petitioner's grounds for relief do not present issues which are debatable among jurists of reasons, which could have been resolved differently, or which deserve further proceedings. See e.g., Flieger v. Delo , 16 F.3rd 878, 882-83 (8th Cir.) cert. denied, 513 U.S. 946 (1994); Sawyer v. Collins , 986 F.2d 1493, 1497 (5th cir.), cert. denied, 508 U.S. 933 (1993).

Furthermore, it is certified that any appeal of this matter would not be taken in good faith, ...


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