FARRIS v. UNITED STATES OF AMERICA

Filing 12

ORDER denying 4 Motion to Dismiss. Signed by Magistrate Judge Lisa Pupo Lenihan on 08/26/14. (jer)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF PENNSYLVANIA

WILLIAM A. FARRIS,
Plaintiff,

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vs.
UNITED STATES OF AMERICA,
Defendant.

Civil Action No. 14-444
Chief Magistrate Judge Lisa P. Lenihan

ORDER ON MOTION OF DEFENDANT TO DISMISS
In accordance with the Memorandum Opinion of even date herewith, the Motion to
Dismiss filed by Defendant United States of America (“Defendant”) will be denied, as William
Farris (“Plaintiff”) properly filed his complaint before the six-month statute of limitations
expired pursuant to the Federal Tort Claims Act (“FTCA”), 28 U.S.C. § 2401(b) (2012),
interpreted in accordance with Fed. R. Civ. P. 6(a) (2012) and the holding of the Court of
Appeals for the Third Circuit in Frey v. Woodward, 748 F.2d 173, 175 (3d Cir. 1984).

AND NOW, THEREFORE, this 26th day of August, 2014,
IT IS HEREBY ORDERED that the Defendant’s Motion to Dismiss is DENIED.

_/s/ Lisa Pupo Lenihan_______
LISA PUPO LENIHAN
United States Chief Magistrate Judge
Dated: August 26, 2014
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