Respondents concede in their response to appellant's proper
person appeal statement that the accrual of appellant's civil rights claim
was tolled until October 6, 2010, when he exhausted his administrative
remedies. Respondents also concede that, for statute of limitations
purposes, the district court should have considered appellant's complaint
to have been filed on September 27, 2012, when the district court clerk
received the complaint and a motion to proceed in forma pauperis from
appellant. See Sullivan v. Eighth Judicial Dist. Court, 111 Nev. 1367,
1371, 904 P.2d 1039, 1042 (1995). Because the complaint was therefore
filed less than two years from the date appellant's claim accrued,
respondents concede, and we conclude, that the district court erred in
granting respondents' motion to dismiss appellant's complaint based on
the expiration of the statute of limitations.
For the foregoing reasons, we therefore
ORDER the judgment of the district court REVERSED AND
REMAND this matter to the district court for proceedings consistent with
this order.
tis4;
Hardesty
„hire
Douglas Cherry
cc: Hon. Richard Wagner, District Judge
Clyde H. Means
Attorney General/Carson City
Pershing County Clerk
SUPREME COURT
OF
NEVADA
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