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HAWKES v. MONTANA STATE DOC

No. DA 08-0015.

199 P.3d 260 (2008)

2008 MT 446

348 Mont. 7

John L. HAWKES, Jr., Plaintiff and Appellant, v. MONTANA STATE DEPARTMENT OF CORRECTIONS, Tom Wood, Bill Slaughter, Unknown Transport Officers 1 & 2, Unknown Defendants 1 & 2, Defendants and Appellees.

Supreme Court of Montana.

Decided December 30, 2008.

Attorney(s) appearing for the Case

For Appellant: John L. Hawkes, Jr., (self-represented), Florence, Colorado.

For Appellees: Hon. Mike McGrath, Montana Attorney General; Valerie D. Wilson, Special Assistant Attorney General, Helena, Montana.

Justice JIM RICE delivered the Opinion of the Court.

¶ 1 Plaintiff John L. Hawkes, Jr., appeals from the order of the Third Judicial District Court granting Defendants' motion to dismiss his action for failure to file within the statute of limitations. We affirm.

¶ 2 We consider the following issue on appeal:

¶ 3 Did the District Court err by granting Defendants' motion to dismiss Hawkes' action as time barred?

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