Summary
dismissing complaint where inmate alleged correctional officers negligently failed to escort him down stairs while handcuffed and shackled
Summary of this case from Atherton v. Orleans Cnty. Sheriff's Dep'tOpinion
File No. 1:07-cv-262.
February 12, 2009
ORDER
The Magistrate Judge's Report and Recommendation was filed January 5, 2009. (Paper 36.) After de novo review and absent objection, the Report and Recommendation is AFFIRMED, APPROVED and ADOPTED. See 28 U.S.C. § 636(b)(1).
The motion to dismiss filed on behalf of defendants Keith Tallon and Dominic Damato (Paper 23) is GRANTED. Because jurisdiction over plaintiff's negligence claims lies exclusively in state court, those claims are DISMISSED without prejudice. Because plaintiff has failed to allege specific facts to support a constitutional claim against the unknown defendants, those claims are 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.