O'Diah v. The State of New York et al

Filing 76

ORDER denying plaintiff's 75 Motion for Summary Judgment. Signed by Hon. David G. Larimer on 10/17/11. (EMA)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF NEW YORK
_______________________________________________
AROR ARK O’DIAH,
Plaintiff,
DECISION AND ORDER
10-CV-6592L
v.
C.O. NETH, Correctional Officer
Wyoming Correctional Facility, et al.,
Defendants.
________________________________________________
Defendants moved to dismiss the complaint (Dkt. #69), and the Court issued a scheduling
order (Dkt. #72) for plaintiff to respond. Plaintiff did respond (Dkt. #73), opposing the defendants’
motion and cross-moving for summary judgment. Both motions are now pending before the Court
for decision.
Although the Court did issue a scheduling order to defendants (Dkt. #74) relating to
plaintiff’s cross-motion, that was not necessary since the cross-motion was in essence in opposition
and response to the defendants’ original motion to dismiss.
Therefore, plaintiff’s present motion (Dkt. #75) for summary judgment based on defendants’
failure to respond is not appropriate and is in all respects denied.

CONCLUSION
Plaintiff’s motion for summary judgment (Dkt. #75), based on defendants’ failure to respond
is in all respects denied.
IT IS SO ORDERED.

_______________________________________
DAVID G. LARIMER
United States District Judge
Dated: Rochester, New York
October 17, 2011.