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McGARRY v. PALLITO

File No. 1:09-cv-128.

FINBAR McGARRY, Plaintiff, v. ANDREW PALLITO, GREG HALE, RICHARD BYRNES, RICHARD GALLOW, JOE WOLSKE, JOHN CANNON, CO FORCIER, SHERYLYN MATTHANS, JEFF COBB, PAUL CROSS, SAMUEL SANTOS, MICHAEL LIFF, VARIOUS TURNKEYS, EVELYN CUSHING, VARIOUS LAWYERS, WILLIAM SORRELL, STATE OF VERMONT, Defendants.

United States District Court, D. Vermont.

July 2, 2013.

Attorney(s) appearing for the Case

Finbar McGarry, Plaintiff, represented by David C. Sleigh, Esq. , Sleigh Law.

Andrew Pallito, Defendant, represented by Danforth Cardozo, III, Esq. , Vermont Office of the Attorney General & Mark J. Patane , Vermont Office of the Attorney General.

Greg Hale, Defendant, represented by Danforth Cardozo, III, Esq. , Vermont Office of the Attorney General & Mark J. Patane , Vermont Office of the Attorney General.

Richard Byrnes, Defendant, represented by Danforth Cardozo, III, Esq. , Vermont Office of the Attorney General & Mark J. Patane , Vermont Office of the Attorney General.

Richard Gallow, Defendant, represented by Danforth Cardozo, III, Esq. , Vermont Office of the Attorney General & Mark J. Patane , Vermont Office of the Attorney General.

Joe Wolske, Defendant, represented by Danforth Cardozo, III, Esq. , Vermont Office of the Attorney General & Mark J. Patane , Vermont Office of the Attorney General.

Sherylyn Matthans, Defendant, represented by Danforth Cardozo, III, Esq. , Vermont Office of the Attorney General & Mark J. Patane , Vermont Office of the Attorney General.

Jeff Cobb, Defendant, represented by Danforth Cardozo, III, Esq. , Vermont Office of the Attorney General & Mark J. Patane , Vermont Office of the Attorney General.

Paul Cross, Defendant, represented by Danforth Cardozo, III, Esq. , Vermont Office of the Attorney General & Mark J. Patane , Vermont Office of the Attorney General.

Various Turnkeys, Defendant, represented by Danforth Cardozo, III, Esq. , Vermont Office of the Attorney General & Mark J. Patane , Vermont Office of the Attorney General.

Evelyn Cushing, Defendant, represented by Danforth Cardozo, III, Esq. , Vermont Office of the Attorney General & Mark J. Patane , Vermont Office of the Attorney General.

State of Vermont, Defendant, represented by Danforth Cardozo, III, Esq. , Vermont Office of the Attorney General & Mark J. Patane , Vermont Office of the Attorney General.

ORDER

J. GARVAN MURTHA, District Judge.

The Magistrate Judge's Report and Recommendation was filed May 22, 2013. (Doc. 57.) After de novo review and absent objection, the Report and Recommendation ("R&R") is AFFIRMED, APPROVED and ADOPTED. See 28 U.S.C. § 636(b)(1).

Defendants' Motion to Dismiss for failure to allege physical injury (Doc. 54) is DENIED. In addition, Defendants...

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