MURRAY v. SPALDING

No. 31044.

106 P.3d 425 (2005)

141 Idaho 99

Leon R. MURRAY, Plaintiff-Appellant, v. James SPALDING; Lisa Cates; Joeklauser; Gary Barrier; CPL.Price; Mike Johnson; Correctional Officer MacDuffie; Michael Davis; James Rice; Correctional Officer James; Correctional Officer Braseth; CPL. Cole; Correctional Officer O'Connor; Sergeant Caldwell; Correctional Officer Watson; Correctional Officer Grindle; Sergeant Payton; Pam Sonnen; Dave Paskett; Correctional Officer Meo; Sergeant Fletcher; Lieutenant Rogers; John Does 1-10, Citizens of Idaho and Employees of the State of Idaho Board of Correction and Idaho Department of Correction, Defendant-Respondent.

Supreme Court of Idaho, Boise, December 2004 Term.

January 28, 2005.


Attorney(s) appearing for the Case

Leon R. Murray, Boise, pro se.

Hon. Lawrence G. Wasden, Attorney General, Boise, for respondents.


EISMANN, Justice.

This is an appeal from an order dismissing this action without prejudice as to the named defendants for the failure to serve them with the summons and complaint within six months as required by Rule 4(a)(2) of the Idaho Rules of Civil Procedure. The Plaintiff, who is incarcerated in the penitentiary, contends that he showed good cause for the failure to serve the summons and complaint timely. We hold that he has not shown that the district court...

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