DENMAN, Chief Judge.
Williams appeals from an order of the United States District Court of Alaska, Fourth Division, dismissing his action against the above-named defendants, without prejudice, on the ground that since Williams is a felon confined in the Federal Penitentiary at McNeil Island, Steilacoom, Washington, he has no capacity to sue under Section 65-2-9, A.C.L.A.1949, which provides in pertinent part as follows:
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