McGee v. Pallito

J. Garvan Murtha

The Magistrate Judge's Report and Recommendation was filed December 20, 2011. (Doc. 100.) After de novo review and over objection, the Report and Recommendation is AFFIRMED, APPROVED and ADOPTED. See 28 U.S.C. § 636(b)(1).

Correctional Officer Michael Simonds' Motion to Dismiss for failure to serve (Doc. 94) is DENIED without prejudice.

This matter is returned to Magistrate Judge John M. Conroy for further proceedings.

SO ORDERED.

Dated at Brattleboro, in the District of Vermont, this 5th day of April, 2012.

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Honorable J. Garvan Murtha

United States District Judge