UNITED STATES DISTRICT COURT WESTERN DISTRICT OF NEW YORK
September 11, 2006
DERRICK COLEMAN, PLAINTIFF,
DOCTOR SUTTON M.D., R.N. WELLBURN, SUED IN THEIR INDIVIDUAL AND OFFICIAL CAPACITIES, DEFENDANTS.
The opinion of the court was delivered by: David G. Larimer United States District Judge
DECISION AND ORDER
Plaintiff, Derrick Coleman ("Coleman"), proceeding pro se, has moved for summary judgment (Dkt. #9). Defendants oppose the motion by letter dated August 2, 2006, on the ground that discovery has not been completed and that plaintiff has not been deposed.
At this time, as to plaintiff's claims, there does appear to be material issues of fact and dispute and, therefore, summary judgment must be denied.
CONCLUSION Plaintiff's motion for summary judgment (Dkt. #9) is in all respects denied.
IT IS SO ORDERED.
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