Towner v. Lape et al, No. 9:2008cv00047 - Document 112 (N.D.N.Y 2010)
Court Description: DECISION and ORDER: ORDERED that the plaintiff's motion for summary judgment is denied. Signed by Judge David N. Hurd on 9/20/10. (order served on plaintiff by regular mail)(mnc)
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Towner v. Lape et al Doc. 112 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK ----------------------------------JAMES WILLIAM TOWNER, Plaintiff, - vs - 9:08CV47 JOHN DOE, Dep. of Security; B. DONNELLY and McINTYRE, Each Correction Officer, Defendants. ------------------------------------------APPEARANCES: OF COUNSEL: JAMES WILLIAM TOWNER Plaintiff, Pro Se 99-A-4878 Attica Correctional Facility Box 149 Attica, NY 14011 HON. ANDREW M. CUOMO Attorney General of the State of New York Attorney for Defendants Department of Law The Capitol Albany, New York 12224 RICHARD LOMBARDO, ESQ. Asst. Attorney General DAVID N. HURD United States District Judge DECISION and ORDER Plaintiff, James William Towner, brought this civil rights action in Jnuary 2008, pursuant to 42 U.S.C. ยง 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. Dockets.Justia.com Based upon a de novo review of the entire file, including the portions of the ReportRecommendation 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. - 2 -
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