Means v. State

• Court: Nevada Supreme Court
• Decided: September 16, 2014
• Docket: 62580
• Status: Unpublished

Opinion

Respondents concede in their response to appellant's proper person appeal statement that the accrual of appellant's civil rights claim was tolled until October 6, 2010, when he exhausted his administrative remedies. Respondents also concede that, for statute of limitations purposes, the district court should have considered appellant's complaint to have been filed on September 27, 2012, when the district court clerk received the complaint and a motion to proceed in forma pauperis from appellant. See Sullivan v. Eighth Judicial Dist. Court, 111 Nev. 1367, 1371, 904 P.2d 1039, 1042 (1995). Because the complaint was therefore filed less than two years from the date appellant's claim accrued, respondents concede, and we conclude, that the district court erred in granting respondents' motion to dismiss appellant's complaint based on the expiration of the statute of limitations. For the foregoing reasons, we therefore ORDER the judgment of the district court REVERSED AND REMAND this matter to the district court for proceedings consistent with this order.

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Hardesty

„hire Douglas Cherry

cc: Hon. Richard Wagner, District Judge Clyde H. Means Attorney General/Carson City Pershing County Clerk SUPREME COURT OF NEVADA 2 (0) 1947A ce