Joseph v. Hofmann et al
| Francis Joseph |
| Robert Hofmann, Randy Stoval, Corrections Corporation of America, John Ferguson, Vermont Department of Corrections, Gardener Dunn, Greg Barrett, Bessie Hughes, Bingham, John Doe #1, Jane Doe #1, Jane Doe #2, John Doe #3 and Jane Doe #3 |
| 1:2008cv00011 |
| January 18, 2008 |
| US District Court for the District of Vermont |
| Brattleboro Office |
| XX US, Outside State |
| J. Garvan Murtha |
| Jerome J. Niedermeier |
| Habeas Corpus (Prison Condition) |
| 42 U.S.C. ยง 1983 Prisoner Civil Rights |
| None |
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Filing
23
ORDER AFFIRMING, APPROVING and ADOPTING 18 Magistrate Judge's Report and Recommendation. See 28 U.S.C. § 636(b)(1). Defendants' 15 motion to dismiss is GRANTED in part. The following claims are hereby DISMISSED: (1) all claims aga inst the Vermont Department of Corrections; (2) all claims for damages against Robert Hofmann in his official capacity; and (3) all claims against Robert Hofmann in his individual capacity. The remainder of the case is TRANSFERRED to the United State s District Court for the Eastern District of Kentucky pursuant to 28 U.S.C. § 1406. Further, Robert Hofmann's 20 alternative motion to dismiss the official capacity declaratory and injuctive relief claims is GRANTED. 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 2/10/2009. (kak)
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