NASIR ABDALLA BABIKER, Plaintiff-Appellant, - v - ROSS UNIVERSITY SCHOOL OF MEDICINE, (2nd Cir. 2004)

Federal Circuits, 2nd Cir. (January 26, 2004)

Docket number: 00-7899

Permanent Link: http://vlex.com/vid/nasir-abdalla-babiker-ross-medicine-18536445
Id. vLex: VLEX-18536445

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U.S. Court of Appeals for the 2nd Cir. - Carol A. Gallo, Plaintiff-Appellant, v. Prudential Residential Services, Limited Partnership, Doing Business as Prudential Relocation Management, Defendant-Appellee., 22 F.3d 1219 (2nd Cir. 1994) Plaintiff-Appellant, v. Prudential Residential Services, Limited Partnership, Doing Business as Prudential Relocation Management, Defendant-Appellee.

U.S. Court of Appeals for the 2nd Cir. - Marc Tenenbaum and Mary Tenenbaum, Individually and on Behalf of Sarah Tenenbaum, an Infant, Plaintiffs-Appellees-Cross-Appellants, v. Nat Williams, Individually and as a Caseworker, Child Welfare Administration, Veronica James, Individually and as a Caseworker, Child Welfare Administration, Doby Flowers, Individually and as Commissioner of Social Services of the City of New York, and Brooke Trent, Individually and as Deputy Commissioner of Social Services of the City of New York, Defendants-Cross-Appellees, New York City, Defendant-Appellant-Cross-Appellee, Marva Livingston, as Commissioner of Social Services of the City of New York, Claude Meyers, as Deputy Commissioner of Social Services of the City of New York, Appellants-Cross-Appellees, and New York City Board of Education, Defendant., 193 F.3d 581 (2nd Cir. 1999)

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UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT SUMMARY ORDER THIS SUMMARY ORDER WILL NOT BE PUBLISHED IN THE FEDERAL REPORTER AND MAY NOT BE CITED AS PRECEDENTIAL AUTHORITY TO THIS OR ANY OTHER COURT, BUT MAY BE CALLED TO THE ATTENTION OF THIS OR ANY OTHER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, Foley Square, in the City of New York, on the 26th day of January, two thousand four.

Present: HON. ROBERT A. KATZMANN, HON. BARRINGTON D. PARKER, Circuit Judges, HON. LORETTA A. PRESKA,*

District Judge.

NASIR ABDALLA BABIKER, Plaintiff-Appellant, -v- No. 00-7899

ROSS UNIVERSITY SCHOOL OF MEDICINE, Defendant-Appellee, Appearing For Plaintiff-Appellant: NASIR ABDALLA BABIKER, Pro Se.

Arlington, VA Appearing For Defendant-Appellee : STEVEN R. HAFFNER, Esq.

Gordon & Haffner New York, NY Appeal from the United States District Court for the Southern District of New York (Katz, M.J.).

ON CONSIDERATION WHEREOF, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that the judgment of the District Court be and it hereby is AFFIRMED.

Pro se Plaintiff-Appellant Nasir Abdalla Babiker appeals from the judgment of the United States District Court for the Southern District of New York (Katz, M.J.) entered pursuant to a Memorandum Opinion and Order dated May 19, 2000, granting appellee's motion for summary judgment and dismissing appellant's complaint.

This Court reviews the district court's grant of summary judgment de novo, construing the evidence in the light most favorable to the non-moving party. See Tenenbaum v. Williams, 193 F.3d 581, 593 (2d Cir. 1999). This court has noted that an extra measure of caution is merited when affirming a grant of summary judgment in discrimination cases because direct evidence of discriminatory intent is rare and such intent must often be inferred from evidence found in affidavits and depositions. See, e.g., Gallo v. Prudential Residential Servs., 22 F.3d 1219, 1224 (2d Cir. 1994). Here, the district court, looking at the evidence in the light most favorable to Mr. Babiker, thoroughly reviewed his claims, and correctly granted the appellee's motion for summary judgment.

For the reasons stated in the district court's thorough opinion, we affirm. The judgment of the district court is AFFIRMED.

FOR THE COURT:

ROSEANN B. MacKECHNIE, CLERK By:

[*]-. The Honorable Loretta A. Preska, of the United States District Court for the Southern District of New York, sitting by designation.