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HAUSCHULZ v. STATE, DEPT. OF CORRECTION

No. 31631.

147 P.3d 94 (2006)

Travis HAUSCHULZ, Plaintiff-Appellant, v. STATE of Idaho, DEPARTMENT OF CORRECTION, Defendant-Respondent.

Court of Appeals of Idaho.

October 20, 2006.

Attorney(s) appearing for the Case

Travis Hauschulz, pro se appellant.

Hon. Lawrence G. Wasden, Attorney General; Timothy R. McNeese, Deputy Attorney General, Boise, for respondent.

GUTIERREZ, Judge.

This is an appeal by a prisoner from the district court's order dismissing his pro se civil complaint for failure to file within the statute of limitations. Travis Hauschulz contends that the district court improperly focused on his filing's caption, rather than its contents, and thus erred by characterizing the timely filing as a "tort claim" rather than a complaint. For the reasons set forth below, we vacate and remand.

I.

...

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