UNITED STATES DISTRICT COURT WESTERN DISTRICT OF NEW YORK
October 17, 2011
AROR ARK O'DIAH, PLAINTIFF,
C.O. NETH, CORRECTIONAL OFFICER WYOMING CORRECTIONAL FACILITY, ET AL., DEFENDANTS.
The opinion of the court was delivered by: David G. Larimer United States District Judge
DECISION AND ORDER
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.
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