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TAYLOR v. McKUNE

No. 79,097.

25 Kan. App.2d 283 (1998)

962 P.2d 566

CLIFTON TAYLOR, Appellant, v. DAVID R. McKUNE, et al., Appellees.

Court of Appeals of Kansas.

Opinion filed July 10, 1998.

Attorney(s) appearing for the Case

Bruce C. Hedrick, of Legal Services for Prisoners, of Lansing, for appellant.

Jeff Cowger, special assistant attorney general, for appellees.

Before BRAZIL, C.J., LEWIS and KNUDSON, JJ.

KNUDSON, J.:

Inmate Clifton Taylor appeals the district court's dismissal of his K.S.A. 60-1501 action as untimely. The trial court concluded Taylor's pro se petition was not filed within 30 days after the disciplinary action taken by the Department of Corrections was final as required under K.S.A. 60-1501(b).

We conclude that the 30-day statute of limitations under K.S.A. 60-1501(b) was effectively tolled when Taylor delivered his petition to the penal authorities...

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