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STEPHAN v. DOWDLE

No. 83-1946.

733 F.2d 642 (1984)

Alan F. STEPHAN, Plaintiff-Appellant, v. Earl B. DOWDLE, et al., Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided May 14, 1984.

Attorney(s) appearing for the Case

Alan F. Stephan, pro se.

Robert F. Ellig, Asst. Atty. Gen., Phoenix, Ariz., for defendants-appellees.

Before SCHROEDER, FERGUSON, and NELSON, Circuit Judges.

SCHROEDER, Circuit Judge:

Alan F. Stephan, an Arizona state prisoner, appeals the dismissal of his federal civil rights action. The district court found that Stephan's claims were barred by the applicable statute of limitations, and that Stephan's confinement in prison did not toll the statute under Arizona's tolling provision, Ariz.Rev.Stat. § 12-502.

The district court relied on Major v. Arizona State Prison, 642 F.2d 311

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