Farnsworth v. Hub of Syracuse, Inc.

1 Citing case

  1. Gietzen v. Beneficial Mortg. Corp.

    Case No. 13-1059-RDR (D. Kan. Apr. 9, 2013)

    While ordinarily the statute of limitations is an affirmative defense, the issue may be resolved on a Rule 12(b)(6) motion to dismiss where the application of the limitations period is apparent on the face of the complaint. Farnsworth v. Hub of Syracuse, Inc., 2012 WL 4061606 at * 1 (D.Kan. Sept. 14, 2012)(citing Jones v. Bock, 549 U.S. 199, 220-21 (2007)). Because plaintiff is proceeding pro se, the court must construe his pleadings liberally.