Ryan v. Pallito et al
| Mark Ryan |
| Andrew Pallito, Delores Burroughs-Biron, Greg Hale, Moore, Roy Catella and John/Jane Doe |
| 1:2009cv00147 |
| June 9, 2009 |
| US District Court for the District of Vermont |
| Brattleboro Office |
| Chittenden |
| John M. Conroy |
| J. Garvan Murtha |
| None |
| 42 U.S.C. ยง 1983 Prisoner Civil Rights |
| None |
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Filing
9
ORDER AFFIRMING, APROVING and ADOPTING 8 MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION: The plaintiff's 6 Motion to to Dismiss without prejudice is construed as a voluntary notice of dismissal pursuant to Rule 41(a)(1)(A)(i) of the Feder al Rules of Civil Procedure, and the case is DISMISSED without prejudice. Plaintiff's 7 Motion to Rescind Order for Filing Fee is DENIED.It is further certified that any appeal taken in forma pauperis from this Orderwould not be taken in good faith because such an appeal would be frivolous. See 28 U.S.C. § 1915(a)(3). Signed by Judge J. Garvan Murtha on 10/27/2009. (kak)
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Filing
8
REPORT AND RECOMMENDATION: recommending 6 MOTION to Dismiss without Prejudice be GRANTED. ORDERED: 7 MOTION to Rescind Order for Filing Fee re 4 Order Directing Prisoner Payment is DENIED. Objections to R&R due by 10/26/2009. Signed by Judge John M. Conroy on 10/6/2009. (law)
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