Towner v. Doe

Full title: JAMES WILLIAM TOWNER, Plaintiff, v. JOHN DOE, Dep. of Security; B…

Court: United States District Court, N.D. New York

Date published: Sep 20, 2010

9:08CV47 (N.D.N.Y. Sep. 20, 2010)

Opinion

9:08CV47.

September 20, 2010

JAMES WILLIAM TOWNER, Plaintiff, Pro Se, 99-A-4878, Attica Correctional Facility, Attica, NY.

RICHARD LOMBARDO, ESQ., Asst. Attorney General, HON. ANDREW M. CUOMO, Attorney General of the State of New York, Attorney for Defendants, Department of Law, The Capitol, Albany, New York.

DECISION and ORDER

DAVID HURD, District Judge

Plaintiff, James William Towner, brought this civil rights action in Jnuary 2008, pursuant to 42 U.S.C. § 1983. By Report-Recommendation dated July 27, 2010, the Honorable David R. Homer, United States Magistrate Judge, recommended that the plaintiff's motion for summary judgment be denied. The plaintiff has filed timely oobjections to the Report Recommendation.

Based upon a de novo review of the entire file, including the portions of the Report-Recommendation to which plaintiff has objected, and the recommendations of Magistrate Judge Homer, the Report-Recommendation is accepted and adopted in all respects.See 28 U.S.C. 636(b)(1).

Accordingly, it is

ORDERED that the plaintiff's motion for summary judgment is DENIED.

IT IS SO ORDERED.

Dated: September 20, 2010

Utica, New York.