Hauschulz v. Department of Correction

GUTIERREZ, Judge.

This is an appeal by a prisoner from the district court’s order dismissing his pro se civil complaint for failure to file within the statute of limitations. Travis Hauschulz contends that the district court improperly focused on his filing’s caption, rather than its contents, and thus erred by characterizing the timely filing as a “tort claim” rather than a complaint. For the reasons set forth below, we vacate and remand.

I

FACTUAL AND PROCEDURAL BACKGROUND

On May 14, 2002, the Ada County Clerk received from Hauschulz a cover letter and an enclosed document that he sought to…