SIMMONS v. FALICESANO et al

Filing 17

ORDER THAT DEFENDANTS MOTION (DOC. NO. 6) IS GRANTED AND PLAINTIFF'S CLAIMS ARE DISMISSED WITH PREJUDICE. THE CLERK OF COURT SHALL CLOSE THIS CASE. SIGNED BY HONORABLE MARK A. KEARNEY ON 3/24/17. 3/24/17 ENTERED AND COPIES MAILED TO PRO SE PLAINTIFF AND E-MAILED. (jpd)

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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA CIVIL ACTION AUGUSTUS SIMMONS v. CAPTAIN FALICESANO, et al. NO. 16-5709 ORDER AND NOW, this 24th day of March 2017, upon consideration of Defendants' unopposed Motion to dismiss based solely on the statute of limitations (ECF Doc. No. 6), Plaintiffs Opposition (ECF Doc. No. 15), declining to apply a summary judgment analysis because the statute of limitations bar is evident on the face of Complaint based on Plaintiffs admissions and for reasons in the accompanying Memorandum, it is ORDERED Defendants' Motion (ECF Doc. No. 6) is GRANTED and Plaintiffs claims are dismissed with prejudice. The Clerk of Court shall close this case. KEA

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