Citation Codes Equivalent Citations citation codes Docket Number File No. 1:05-CV-8. 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 The Public Health And Welfare — Civil Rights — Generally — Civil Action For Deprivation Of Rights Judiciary And Judicial Procedure — Fees And Costs — Procedure — Proceedings In Forma Pauperis See more information ... Smart Summary Please sign up to generate summary. KIRK WOOL, and all other Vermont inmates similarly situated, Petitioners v. STEVEN GOLD, Commissioner of the Vermont Department of Corrections, Respondent. ORDER J. MURTHA, Chief Judge, District The Magistrate Judge's Report and Recommendation was filed August 18, 2005 (Paper 15). After de novo review and over objection, the Report and Recommendation is AFFIRMED, APPROVED and ADOPTED. See 28 U.S.C. § 636(b)(1). Petitioner's initial filing (Paper 1) is construed as a complaint filed pursuant to 42 U.S.C. § 1983. The parties' respective arguments for dismissal (Papers 10 and 13), construed as motions to dismiss, are GRANTED. The complaint is 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. See 28 U.S.C. § 1915(a)(3). SO ORDERED.