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MAYER v. STATE

1 CA-CV 94-0325.

184 Ariz. 242 (1995)

908 P.2d 56

Lawrence J. MAYER, Roy J. Whitehead and Charles A. Rhinehart, Plaintiffs-Appellants, v. STATE of Arizona; Samuel A. Lewis, John R. Hallahan, Fred Ballard, Karen Humiston, Glen Parin, Charles A. Flanagan, George Tichy, Robert Mendez, Jim Jernigan, Monica Taylor, David Coppola, John Doe Vertress, Shirley Cox, Cheryl Matthews and Jerry Brenner, as employees of the Arizona Department of Corrections, an Agency of the State of Arizona, Defendants-Appellees.

Court of Appeals of Arizona, Division 1, Department C.

December 5, 1995.

Attorney(s) appearing for the Case

Lawrence J. Mayer, in pro. per.

Grant Woods, The Attorney General by Michael Warzynski, Assistant Attorney General, Phoenix, for Appellee.

OPINION

TOCI, Judge.

Lawrence Mayer ("plaintiff") appeals from the dismissal of his complaint for special action against various employees of the Arizona Department of Corrections ("ADOC"). ADOC contends that plaintiff has not timely filed his appeal and that we have no jurisdiction to hear it. Plaintiff argues that he delivered his notice of appeal to prison authorities for mailing before the time to appeal expired and, consequently, the notice of appeal...

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