SUMMARY ORDER Appellant Francis Anderson, pro se, appeals the District Court’s grant of
summary judgment in favor of defendants. We assume the parties’ familiarity with the underlying facts, the procedural history of the case, and the issues raised on appeal. We review an order granting
summary judgment de novo. See Miller v. Wolpoff & Abramson, L.L.P., 321 F.3d 292, 300 (2d Cir.2003). We ask whether the district court properly concluded that there were no genuine issues of material fact and that the moving party was entitled to judgment as a matter of law. Id. In determining whether there are genuine issues of material fact, we “resolve all ambiguities and draw all permissible factual inferences in favor of the party against whom
summary judgment is sought.” Terry v. Ashcroft, 336 F.3d 128, 137 (2d Cir.2003) (internal quotation marks and citation omitted). Here, the record reveals that the District Court properly found that Anderson had submitted insufficient evidence to establish an Eighth Amendment violation. We therefore affirm the District Court’s grant of
summary judgment to defendants for substantially for the reasons set forth in the District Court’s order. We have considered all of Anderson’s arguments on appeal and have determined that they are meritless. CONCLUSION For the foregoing reasons, the District Court’s July 16, 2009 judgment is AFFIRMED. Anderson’s motion regarding “imminent danger,” which we construe as seeking injunctive relief pending appeal, is DENIED as moot. His motion for appointment of counsel is likewise DENIED as moot.