Taylor v. McKune

Knudson, J.:

Inmate Clifton Taylor appeals the district court’s dismissal of his K.S.A. 60-1501 action as untimely. The trial court concluded Taylor’s pro se petition was not filed within 30 days after the diseiplinaiy action taken by the Department of Corrections was final as required under K.S.A. 60-1501(b).

We conclude that the 30-day statute of limitations under K.S.A. 60-1501(b) was effectively tolled when Taylor delivered his petition to the penal authorities for mailing to the clerk of the district court. Accordingly, we reverse and remand the case for consideration upon its merits.

Taylor…