Citation Codes Equivalent Citations citation codes Docket Number File No. 1:08-CV-42. Motions Motion to dismiss : Granted Judges John Garvan Murtha Acts Judiciary And Judicial Procedure — United States Magistrate Judges — Court Officers And Employees — Jurisdiction, Powers, And Temporary Assignment Judiciary And Judicial Procedure — Fees And Costs — Procedure — Proceedings In Forma Pauperis See more information ... Smart Summary Please sign up to generate summary. LEWIS ELLIOTT, Plaintiff v. VERMONT DEPARTMENT OF CORRECTIONS, MIKE BELLIZZI, PETER CANALES, JOHN B. MURPHY, STEVE WAKEFIELD, Defendants. ORDER J. MURTHA, District Judge The Magistrate Judge's Report and Recommendation was filed November 6, 2008. (Paper 15.) After de novo review and absent objection, the Report and Recommendation is AFFIRMED, APPROVED and ADOPTED. See 28 U.S.C. § 636(b)(1). Defendants' Motion to Dismiss (Paper 9) is GRANTED. The plaintiff shall be allowed 30 days from the date of this Order to file an amended complaint. Failure to file a properly amended complaint on or before January 5, 2009 will result in the dismissal of all claims with 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. See 28 U.S.C. § 1915(a)(3). SO ORDERED.