James A. Williams v. C. P. Coughlan, Ted McRoberts Otheal Waitland, Ladessa Nordale, T. N. Gore, and R. J. McNealy

Williams appeals from, an order of the United States District Court of Alaska, Fourth Division, dismissing his action against the above-named defendants, without prejudice, on the ground that since Williams is a felon confined in the Federal Penitentiary at McNeil Island, Steilacoom, Washington, he has no capacity to sue under Section 65-2-9, A.C.L.A.1949, which provides in pertinent part as follows:

Nothing in the record before us indicates that any of the above named defendants, except McNealy, were served with process in the case or subjected themselves to the jurisdiction of the court below by participating in the proceedings there. McNealy, the sole defendant over whom this court has jurisdiction, moved the court below to dismiss the action on the ground that it was barred by the statute of limitations when appellant filed his complaint on October 15, 1956. Hence it is necessary to decide what is the exact nature of the claim or claims which appellant’s complaint seeks to assert against McNealy in order to determine what period of limitation, if any, applies.

The portion of the complaint dealing with McNealy reads as follows:

Appellant first alleges that McNealy together…