Plaintiff-Appellant, SUMMARY ORDER v. ANN SKRIVANECK, MRS. RUSSELL E. BLAISDELL, Defendants-Appellees. (2nd Cir. 2005)

Federal Circuits, 2nd Cir. (November 24, 2005)

Docket number: 03-7918


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UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT THIS SUMMARY ORDER WILL NOT BE PUBLISHED IN THE FEDERAL REPORTER AND MAY NOT BE CITED AS PRECEDENTIAL AUTHORITY TO THIS OR ANY OTHER COURT, BUT MAY BE CALLED TO THE ATTENTION OF THIS OR ANY OTHER COURT IN A SUBSEQUENT STAGE OF THIS CASE, IN A RELATED CASE, OR IN ANY CASE FOR PURPOSES OF COLLATERAL ESTOPPEL OR RES JUDICATA.

At a stated term of the United States Court of Appeals for the Second Circuit, held at the Thurgood Marshall United States Courthouse, at Foley Square, in the City of New York, on the 17th day of May, Two thousand and four.

PRESENT: HON. PIERRE N. LEVAL, HON. ROBERT A. KATZMANN, Circuit Judges, HON. J. GARVAN MURTHA,*

District Judge.

LILLY E. MATHURIN, Plaintiff-Appellant, SUMMARY ORDER -v.- No. 03-7918

ANN SKRIVANECK, MRS. RUSSELL E. BLAISDELL, Defendants-Appellees.

LILLY E. MATHURIN, pro se, Spring Valley, New APPEARING FOR APPELLANT:

York APPEARING FOR APPELLEES: WILLIAM B. JAFFE (Michelle Aronowitz, Deputy Solicitor General, on the brief), for Eliot Spitzer, Attorney General for the State of New York ON CONSIDERATION WHEREOF, IT IS HEREBY ORDERED, ADJUDGED AND DECREED that the judgment of the District Court is AFFIRMED.

Plaintiff-appellant Lilly E. Mathurin, pro se, appeals the judgment of the United States District Court for the Southern District of New York (Berman, J.), granting the defendants-

appellees' motion for summary judgment. The parties' familiarity with the facts is assumed.

This Court reviews orders granting summary judgment de novo and determines whether the district court properly concluded that there was no genuine issue as to any material fact and the moving party was entitled to judgment as a matter of law. See Allstate Ins. Co. v. Mazzola, 175 F.3d 255, 258 (2d Cir. 1999). This Court is required to resolve all ambiguities and draw all factual inferences in favor of the nonmovant. The inferences to be drawn from the underlying facts revealed in materials such as affidavits, exhibits, interrogatory answers, and depositions must be viewed in the light most favorable to the party opposing the motion. See Nationwide Life Ins. Co. v. Bankers Leasing Assoc., 182 F.3d 157, 159 (2d Cir. 1999). Mathurin, who had proceeded pro se below, was properly apprised of her obligations under Fed. R. Civ. P. 56(e) to oppose a motion for summary judgment. See Vital v. Interfaith Medical Ctr., 168 F.3d 615, 620

(2d Cir. 1999). An independent review of the record and relevant case law reveals that there are no errors in either the district court's or the magistrate judge's thorough analysis and decision.

See Mathurin v. Skrivaneck, 2003 U.S. Dist. LEXIS 11396 (July 2, 2003) (order); Mathurin v.

Skrivaneck, 2003 U.S. Dist. LEXIS 10200 (June 10, 2003) (report and recommendation).

The judgment of the district court is AFFIRMED.

FOR THE COURT:

Roseann B. MacKechnie, Clerk By: Richard Alcantara, Deputy Clerk

[*]-. The Honorable J. Garvan Murtha, from the United States District Court for the District of Vermont, sitting by designation.

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