Smith
v.
Blair

United States District Court, D. VermontDec 31, 2008
File No. 1:06-CV-247. (D. Vt. Dec. 31, 2008)

File No. 1:06-CV-247.

December 31, 2008


ORDER


The Magistrate Judge's Report and Recommendation was filed October 1, 2008. (Paper 44.) After de novo review and absent objection, the Report and Recommendation is AFFIRMED, APPROVED and ADOPTED. See 28 U.S.C. § 636(b)(1). Plaintiff's motions for summary judgment (Papers 33 and 35) are DENIED. Defendants' cross-motion for summary judgment (Paper 39) is GRANTED and this case is DISMISSED.

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.

Dated at Brattleboro, in the District of Vermont.