CUMMINGS v. HENN et al

Filing 5

MEMORANDUM ORDER that pltf's application to reopen the case is hereby denied; pltf's complaint remains dismissed as time-barred and case remains closed. Signed by Susan D. Wigenton on 7/22/09. (jd, )

UNITED STATES DISTRICT COURT DISTRICT OF NEW JERSEY NAJA CUMMINGS, Plaintiff, v. ASSISTANT PROSECUTOR HENN, et al., Defendants. : : : : : : : : : :

Civil Action No. 09-0747 (SDW) MEMORANDUM ORDER (CLOSED)

IT APPEARS THAT: 1. On February 19, 2009, Plaintiff submitted a complaint pursuant to 42 U.S.C. § 1983. For the reasons set forth in

this Court's Opinion, dated March 17, 2009, Plaintiff's complaint was dismissed as time-barred. This Court granted

Plaintiff 45 days to move to reopen the case in order to address the issue of tolling of his claims. 2, 3). 2. On March 26, 2009, Plaintiff filed an application to reopen the case. After reviewing Plaintiff's application, it is (Docket entry

apparent that the claims asserted in his complaint remain time-barred. Plaintiff states that he did not learn until

September 28, 2007, through his own research, that his constitutional rights were violated. Plaintiff has not

alleged facts indicating any basis for tolling, and thus,

his complaint will remain dismissed and his application will be denied. THEREFORE, It is on this 22nd day of July, 2009, ORDERED that Plaintiff's application to reopen the case (docket entry 4), is hereby denied; and it is further ORDERED that Plaintiff's complaint remains dismissed as time-barred and the case remains closed. S/Susan D. Wigenton SUSAN D. WIGENTON United States District Judge

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