IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF PENNSYLVANIA
July 6, 2010
DONALD MESSINA, PLAINTIFF,
CLARION COUNTY CORRECTIONS, ET AL DEFENDANTS.
The opinion of the court was delivered by: Judge Cercone
Magistrate Judge Lenihan
AND NOW, this 6th day of July, 2010, after de novo review of the record and upon due consideration of  the magistrate judge's report and recommendation filed on April 12, 2010, and  plaintiff's objections thereto, IT IS ORDERED that  plaintiff's objections be, and the same hereby are, overruled and the Defendants' Motion to Dismiss be, and the same hereby is, granted. The report and recommendation as augmented herein is adopted as the opinion of the court.
Plaintiff's objections are without merit and fail to address the principal reason why plaintiff is barred from proceeding with his claim against defendants: the filing of a state court action does not toll the statute of limitations for a case filed in federal court. See Falsetti v. Local Union No. 2026, United Mine Workers of America, 355 F.2d 658, 662 (3d Cir. 1966) (An action in state court does not toll the running of the statute of limitations against subsequent action in federal court.). Plaintiff's complaint facially demonstrates that his action is untimely as a matter of law.
IT IS FURTHER ORDERED that the Clerk of Court mark this case CLOSED. Pursuant to Rule 4(a)(1) of the Federal Rules of Appellate Procedure, Plaintiff has thirty (30) days to file a notice of appeal as provided by Rule 3 of the Federal Rules of Appellate Procedure if he so desires.
David Stewart Cercone United States District Judge
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