DUNA v. IMMIGRATION AND CUSTOMS ENFORCEMENT, 13-12033-GAO. (2014)
Court: District Court, D. Massachusetts
Number: infdco20140930c96
Visitors: 4
Filed: Sep. 29, 2014
Latest Update: Sep. 29, 2014
Summary: OPINION AND ORDER GEORGE A. O'TOOLE, Jr., District Judge. After review of the parties' submissions, the defendants' respective motions to dismiss the complaint (dkt. nos. 5 and 16) are GRANTED. It is apparent from the complaint that the claims relate to wrongs allegedly committed more than three years before the action was commenced, and the claims are therefore barred by the applicable statute of limitations. The summary allegations of brain injury do not adequately, that is, with plausible s
Summary: OPINION AND ORDER GEORGE A. O'TOOLE, Jr., District Judge. After review of the parties' submissions, the defendants' respective motions to dismiss the complaint (dkt. nos. 5 and 16) are GRANTED. It is apparent from the complaint that the claims relate to wrongs allegedly committed more than three years before the action was commenced, and the claims are therefore barred by the applicable statute of limitations. The summary allegations of brain injury do not adequately, that is, with plausible sp..
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OPINION AND ORDER
GEORGE A. O'TOOLE, Jr., District Judge.
After review of the parties' submissions, the defendants' respective motions to dismiss the complaint (dkt. nos. 5 and 16) are GRANTED. It is apparent from the complaint that the claims relate to wrongs allegedly committed more than three years before the action was commenced, and the claims are therefore barred by the applicable statute of limitations. The summary allegations of brain injury do not adequately, that is, with plausible specificity, see Bell Atlantic Corp. v. Twombly, 550 U.S. 544, 555(2007), plead a factual basis for equitable tolling.
The plaintiff's motion for leave to file a second amended complaint (dkt. no. 29) is DENIED as futile. The proposed amended complaint is just as deficient as the existing version with respect to the equitable tolling claim.
The complaint is DISMISSED.
It is SO ORDERED.
Source: Leagle
