Boomer v. Goord, et al

Filing 74

ORDER denying plaintiff's 58 Motion for Summary Judgment. Signed by Hon. David G. Larimer on 1/12/10. (EMA)

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF NEW YORK _______________________________________________ SOLOMON BOOMER,

Plaintiff, DECISION AND ORDER 03-CV-6348L v. JOSE DEPERIO, STEPHEN LASKOWSKI, ROBERT M. TAKOS, LESTER N. WRIGHT, M.D.,

Defendants. ________________________________________________

Plaintiff's motion for summary judgment (Dkt. #58) is denied. In deciding that motion, the Court must viewing the factual record in this case in the light most favorable to the non-moving parties, i.e., the defendants, and draw all reasonable inferences in their favor. Leibowitz v. Cornell University, 584 F.3d 487, 498 (2d Cir. 2009). Applying that standard here, it would clearly be impossible to grant summary judgment for plaintiff without resolving disputed issues of fact, which the Court may not do on a motion for summary judgment. See Goldberg & Connolly v. New York Community Bancorp, Inc., 565 F.3d 66, 71 (2d Cir. 2009).

CONCLUSION

Plaintiff's motion for summary judgment (Dkt. #58) is denied. IT IS SO ORDERED.

_______________________________________ DAVID G. LARIMER United States District Judge

Dated: Rochester, New York January 12, 2010.

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