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Edwards v. Skelly

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF NEW YORK


October 26, 2010

MARK EDWARDS, PLAINTIFF,
v.
C.O. SKELLY, 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 case, Mark Edwards, has filed a motion for summary judgment (Dkt. #42). Plaintiff's motion is denied. Summary judgment will be granted only if the moving party succeeds in demonstrating that "there is no genuine issue as to any material fact and that the moving party is entitled to a judgment as a matter of law." Fed. R. Civ. P. 56(c). Plaintiff's conclusory assertion that defendants have not presented a viable defense is plainly insufficient to meet that burden.

CONCLUSION

Plaintiff's motion for summary judgment (Dkt. #42) is denied.

IT IS SO ORDERED.

Rochester, New York

20101026

© 1992-2010 VersusLaw Inc.



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