Gallo v. United States

OPINION AND ORDER

KELLEY, District Judge.

Plaintiff Marie Gallo filed a pro se medical malpractice action against the United States on September 17, 2003 — two days before the statute of limitations was to expire. Approximately two and one half years later, this Court dismissed Gallo’s suit without prejudice after she failed to prosecute the case diligently. Rather than appeal the dismissal, Ms. Gallo filed a second pro se suit. Because the first action did not equitably toll the running of the statute of limitations applicable to this action, the Court GRANTS the United States’ Motion to…