Duna v. Immigration and Customs Enforcement et al, No. 1:2013cv12033 - Document 37 (D. Mass. 2014)
Court Description: Judge George A. OToole, Jr: OPINION AND ORDER entered granting 5 Motion to Dismiss for Lack of Jurisdiction; granting 5 Motion to Dismiss for Failure to State a Claim; granting 16 Motion to Dismiss; denying 29 Motion to Amend (Danieli, Chris)
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Duna v. Immigration and Customs Enforcement et al Doc. 37 UNITED STATES DISTRICT COURT DISTRICT OF MASSACHUSETTS CIVIL ACTION NO. 13-12033-GAO ALEX DUNA, Plaintiff, v. IMMIGRATION AND CUSTOMS ENFORCEMENT, PLYMOUTH COUNTY SHERIFFS DEPARTMENT, and JOHN DOES 1-10 Defendants. OPINION AND ORDER September 29, 2014 O TOOLE, D.J. 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. /s/ George A. O Toole, Jr. United States District Judge Dockets.Justia.com
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