Rheaume v. Hofmann et al
|Filed:||December 18, 2007|
|Court:||Vermont District Court|
|Presiding Judge:||J. Garvan Murtha|
|Referring Judge:||Jerome J. Niedermeier|
|Nature of Suit:||Prisoner: Civil Rights|
|Cause of Action:||42:1983 Prisoner Civil Rights|
|Jury Demanded By:||None|
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|Date Filed||#||Document Text|
|January 5, 2009||36||REPORT AND RECOMMENDATION recommending that 23 MOTION to Dismiss Case for Lack of Jurisdiction be granted. Because jurisdiction over Rheaume's negligence claims lies exclusively in state court, those claims should be dismissed without prejudic e. As Rheaume has failed to allege specific facts to support a constitutional claim against unknown defendants, it is further recommended that the claims against them also be dismissed without prejudice, thereby closing this case. Objections to R&R due by 1/23/2009. Signed by Judge Jerome J. Niedermeier on 1/2/2009. (hbc)|
|February 12, 2009||38||ORDER: The Magistrate Judge's 36 Report and Recommendation is AFFIRMED, APPROVED and ADOPTED. The 23 Motion to Dismiss filed on behalf of defendants Keith Tallon and Dominic Damato is GRANTED. Because jurisdiction over plaintiffs negligence claims lies exclusively in state court, those claims are DISMISSED without prejudice. Because plaintiff has failed to allege specific facts to support a constitutional claim against the unknown defendants, those claims are DISMISSED without 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. Signed by Judge J. Garvan Murtha on 2/12/2009. (wjf)|
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