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BYRON MARTIN, Plaintiff, v. ORLEANS COUNTY, VERMONT; VERMONT STATE TROOPERS; LARRY SMITH; SEAN SELBY; CHARBONNEAU; ROBERTS; EDWARD LEDO; and COLIN SEAMAN, Defendants.

ORDER

J. MURTHA, Chief Judge, District

The Magistrate Judge's Report and Recommendation was filed April 7, 2005 (Paper 3). After de novo review and absent timely objection, the Report and Recommendation is AFFIRMED, APPROVED and ADOPTED. See 28 U.S.C. § 636(b)(1). Plaintiff's complaint is DISMISSED without prejudice for failure to state a claim upon which relief may be granted.

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).

SO ORDERED.

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MARTIN v. ORLEANS COUNTY
(May 2, 2005)