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Ippolito v. Goord

January 8, 2008

NICHOLAS IPPOLITO, PLAINTIFF,
v.
GLENN GOORD, COMMISSIONER OF NEW YORK STATE DEPARTMENT OF CORRECTIONAL SERVICES, ET AL., DEFENDANTS.



The opinion of the court was delivered by: David G. Larimer United States District Judge

DECISION AND ORDER

The pro se plaintiff in this prisoner civil rights action has moved for summary judgment on his claims arising out of his alleged denial of medical treatment by defendants. The motion is denied. Pursuant to the Court's November 16, 2007 scheduling order (Dkt. #123), discovery in this action will not be completed until April 24, 2008. Moreover, on the record before me I certainly cannot find that "there is no genuine issue as to any material fact and that [plaintiff] is entitled to judgment as a matter of law." Fed. R. Civ. P. 56(c).

CONCLUSION

Plaintiff's motion for summary judgment (Dkt. #126) is denied.

IT IS SO ORDERED.

Rochester, New York

20080108

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