Dolberry v. Levine, et al

Filing 311

ORDER denying plaintiff's 304 Motion to Dismiss. Signed by Hon. David G. Larimer on 12/9/09. (EMA)

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UNITED STATES DISTRICT COURT WESTERN DISTRICT OF NEW YORK _______________________________________________ ANDRE DOLBERRY, Plaintiff, DECISION AND ORDER 02-CV-6418L v. SERGEANT HEICHT, et al., Defendants. ________________________________________________ On November 10, 2009, plaintiff Andre Dolberry filed a two-page motion "for an order dismissing defendants' defense(s)." Dkt. #304. Contrary to the assertions made by plaintiff, the evidence does not demonstrate as a matter of law that plaintiff is entitled to the relief that he seeks. Plaintiff's motion is therefore denied. CONCLUSION Plaintiff's motion to dismiss (Dkt. #304) is denied. IT IS SO ORDERED. _______________________________________ DAVID G. LARIMER United States District Judge Dated: Rochester, New York December 9, 2009.

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