Summary
dismissing claim against prison superintendent for lack of personal involvement where plaintiff alleged that "defendants failed to protect him by installing fully functional security cameras"
Summary of this case from Lewis v. HansonOpinion
9:08-CV-47.
January 8, 2009
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
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.