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Towner v. Doe

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK


September 20, 2010

JAMES WILLIAM TOWNER, PLAINTIFF,
v.
JOHN DOE, DEP. OF SECURITY; B. DONNELLY AND MCINTYRE, EACH 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 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.

20100920

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