UNITED STATES DISTRICT COURT WESTERN DISTRICT OF NEW YORK
March 21, 2006
HASAN ALI ABDUR-RAQIYB, PLAINTIFF,
ERIE COUNTY MEDICAL CENTER, ET AL., DEFENDANTS.
The opinion of the court was delivered by: David G. Larimer United States District Judge
DECISION AND ORDER
Plaintiff, Hasan Ali Abdur-Raqiyb, appearing pro se, commenced this action under 42 U.S.C. § 1983. Plaintiff, an inmate in the custody of the New York State Department of Correctional Services, alleges that he suffered injuries in connection with certain medical treatment that plaintiff received in 2003, while plaintiff was at or being transported to certain hospitals.
One of the four defendants, Twin City Ambulance Services ("Twin City"), has moved for summary judgment dismissing both plaintiff's claims against Twin City and the co-defendants' cross-claims against Twin City for contribution and indemnification. The co-defendants have not responded to the motion, and plaintiff states in his affidavit in response to the motion that he has learned through discovery that "Twin City Ambulance Services was not responsible for the alleged injuries and damages in this case, and therefore, ... defendant Twin City Ambulance Services should be dismissed from the complaint." Dkt. #74 ¶ 3. Twin City's motion for summary judgment is therefore granted.
Defendant Twin City Ambulance Service's motion for summary judgment (Dkt. #70) is granted. Plaintiff's claims against Twin City Ambulance Services, the co-defendants' claims against Twin City for contribution and indemnification, and Twin City Ambulance Services' cross-claims against the co-defendants, are all dismissed.
IT IS SO ORDERED.
© 1992-2006 VersusLaw Inc.