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Towner v. Lape

January 8, 2009

JAMES WILLIAM TOWNER, PLAINTIFF,
v.
LAPE, SUPERINTENDENT; JOHN DOE, DEP. OF SECURITY; B. DONNELLY, CORRECTION OFFICER; AND MCINTYRE, CORRECTION OFFICER, DEFENDANTS.



The opinion of the court was delivered by: David N. Hurd United States District Judge

DECISION and ORDER

Plaintiff, James William Towner, brought this civil rights action pursuant to 42 U.S.C. § 1983. By Report-Recommendation dated November 19, 2008, the Honorable David R. Homer, United States Magistrate Judge, recommended that defendants' motion to dismiss be granted and the complaint be dismissed against defendant Lape in its entirety. The plaintiff has filed timely objections to the report-recommendation.

Based upon a careful review of the entire file 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

1. Defendants' motion to dismiss is GRANTED;

2. The complaint is DISMISSED as against defendant Lape, Superintendent, in its entirety.

IT IS SO ORDERED.

20090108

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