Barron v. Pallito et al, No. 1:2009cv00209 - Document 70 (D. Vt. 2010)

Court Description: ORDER AFFIRMING, APPROVING and ADOPTING 44 Report and Recommendation. 22 Motion for Preliminary Injunction is DENIED. 47 Motion for Final Judgment is DENIED. 57 Motion to Dismiss is GRANTED to the extent that individual capacity claims aga inst defendant Andrew Pallito are DISMISSED; the motion is otherwise DENIED.This matter returned to Magistrate John M. Conroy. 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. Signed by Judge J. Garvan Murtha on 9/23/2010. (kak)

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Barron v. Pallito et al Doc. 70 UNITED STATES DISTRICT COURT FOR THE DISTRICT OF VERMONT DAVID WAYNE BARRON, Plaintiff v. ANDREW PALLITO, PRISON HEALTH SERVICES, INC., DR. DELORES BURROUGHS-BIRON, DR. BALLARD, DR. GARRY WEISCHEDEL, RANDY PORTER, THERESA STONE, KEVIN JENKINS, JODY BERRIER, MENTAL HEALTH MANAGEMENT, INC., Defendants : : : : : : : : : : : : : : : File No. 1:09-CV-209 ORDER The Magistrate Judge's Report and Recommendation was filed August 12, 2010. (Doc. 44.) After de novo review and over objection, the Report and Recommendation is AFFIRMED, APPROVED and ADOPTED. See 28 U.S.C. § 636(b)(1). Plaintiff’s motion for a preliminary injunction (Doc. 22) and defendants’ motion for final judgment (Doc. 47) are DENIED. Defendants’ motion to dismiss (Doc. 57) is GRANTED to the extent that the individual capacity claims brought against defendant Andrew Pallito are DISMISSED; the motion is otherwise DENIED. This matter is returned to Magistrate Judge John M. Conroy for further proceedings. 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). Dockets.Justia.com SO ORDERED. Dated at Brattleboro, in the District of Vermont, this 23rd day of September, 2010. /s/ J. Garvan Murtha Honorable J. Garvan Murtha Senior United States District Judge

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