Tuff v. Rome Police Dept. et al

Filing 28

ORDER granting defts' 19 Motion to Dismiss; the complaint is DISMISSED. The Clerk is directed to file judgment accordingly and close the file. Signed by Judge David N. Hurd on 10/27/2009. (see)

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -NATHANIAL TUFF, Plaintiff, vs ROME POLICE DEPT.; SCOTT HALL; INV. M. AMMANN; INV. F. ROBENSKI; INV. J. ROTOLO; and LT. SCOTT WITTMAN, Defendants. - - -- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - APPEARANCES: NATHANIAL TUFF Plaintiff, Pro Se 1663 Steuben Street Utica, New York 13501 OFFICE OF CORPORATION COUNSEL Attorney for Defendants Rome City Hall 198 North Washington Street Rome, New York 13440 DAVID N. HURD United States District Judge ORDER Plaintiff filed a second amended civil rights complaint on June 4, 2009 (Docket No. 9). It sets forth events which allegedly occurred in 1999-2000. Defendants filed a motion to dismiss pursuant to Fed. R. Civ. P. 12(b)(6) on August 17, 2009 (Docket No. 19). Plaintiff answered on August 24, 2009, in opposition, but does not challenge the dates of alleged events. (Docket No. 21). DIANE MARTIN-GRANDE, ESQ. GERARD F. FEENEY, II, ESQ. OF COUNSEL: 6-09-CV-262

The plaintiff's claims are barred pursuant to the three year statute of limitations under 42 U.S.C. § 1983. Therefore, it is ORDERED, that 1. The defendants' motion is GRANTED; and 2. The complaint is DISMISSED. The clerk is directed to file judgment accordingly and close the file. IT IS SO ORDERED.

Dated: October 27, 2009 Utica, New York.

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