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Rayas v. Marchus

IN THE SUPREME COURT STATE OF NORTH DAKOTA


September 21, 2010

EFREN CORTEZ RAYAS, PLAINTIFF AND APPELLANT
v.
SPECIAL AGENT MARCHUS, CHIEF AGENT CARLSON, AND ATTORNEY GENERAL WAYNE STENEHJEM, DEFENDANTS AND APPELLEES

Appeal from the District Court of Pierce County, Northeast Judicial District, the Honorable John C. McClintock, Jr., Judge.

Per curiam.

AFFIRMED.

[¶1] Efren Cortez Rayas appeals from the district court's judgment dismissing his claim for lack of subject matter jurisdiction, for failure to state a claim upon which relief can be granted and because the applicable statute of limitations bars the claim. Rayas argues his complaint should be construed to prevent dismissal because he is self-represented and because he sent letters in 2002 providing notice of his claim. The district court properly determined Rayas' claim is barred by the statute of limitations in N.D.C.C. § 28-01-22.1, and we do not reach the remaining issues. We summarily affirm under N.D.R.App.P. 35.1(a)(6).

[¶2] Gerald W. VandeWalle, C.J.

Daniel J. Crothers

Dale V. Sandstrom

Carol Ronning Kapsner

Mary Muehlen Maring

20100921

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