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DeVARGAS v. MONTOYA

Nos. 83-2481, 85-1038.

796 F.2d 1245 (1986)

Antonio DeVARGAS, Plaintiff-Appellant, v. Robert MONTOYA, et al., Defendants-Appellees, Antonio DeVARGAS, Plaintiff-Appellant, v. Clyde MALLEY, Defendant-Appellee, Roberto Montoya, et al., Defendants.

United States Court of Appeals, Tenth Circuit.

July 8, 1986.

Attorney(s) appearing for the Case

Richard Rosenstock, Chama, N.M. (Steven G. Farber, Santa Fe, N.M. and Philip Davis, Albuquerque, N.M., with him on briefs), for plaintiff-appellant.

Mark C. Meiering of Rodey, Dickason, Sloan, Akin & Robb, P.A., Albuquerque, N.M., for defendants-appellees.

Before BARRETT, McWILLIAMS and ANDERSON, Circuit Judges.

ANDERSON, Circuit Judge.

Plaintiff, Antonio DeVargas, brought an action in the state courts of New Mexico generally alleging a violation of his civil rights under 42 U.S.C. § 1983 (1982), as well as a violation of his constitutional rights. The court eventually dismissed the action as time-barred, and that dismissal was, for practical purposes, affirmed by the New Mexico Supreme Court. DeVargas v. State ex rel. New Mexico Department of Corrections, 97...

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