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Monserrate M. Zapata v. Commonwealth of Pa.

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


April 3, 2013

MONSERRATE M. ZAPATA, PLAINTIFF,
v.
COMMONWEALTH OF PA., ET AL. DEFENDANTS.

The opinion of the court was delivered by: Cynthia M. Rufe, J.

ORDER

AND NOW, this 3rd day of April 2013, upon review of Defendant United States Attorney for the Eastern District of Pennsylvania's Motion to Dismiss [Doc. No. 6], Plaintiff's response and moving Defendant's reply, it is hereby ORDERED that the Motion is GRANTED and Plaintiff's claims against the moving Defendant are DISMISSED with prejudice as time barred.

In addition, the Court will dismiss with prejudice all claims against the recently served Commonwealth of Pennsylvania and the unserved John Doe defendants, as it is clear on the face of the Complaint that Plaintiff's claims against all defendants are time barred.

In light of this ruling, Plaintiff's Petition for change of venue to the Northern District of California is DISMISSED as moot.

The Clerk of Court is DIRECTED to mark this case CLOSED.

IT IS SO ORDERED.

BY THE COURT:

Cynthia M. Rufe

20130403

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