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West Virginia Legislative Claims Commission

Volume Number: 30
Category(s): PRISONS AND PRISONERS
Opinion Issued May 23, 2014
DONALD MCCUNE
VS.
REGIONAL JAIL AUTHORITY
(CC-12-0532)
     Claimant appeared pro se.
     Stephen R. Connolly, Assistant Attorney General, for Respondent.
     PER CURIAM:
      Claimant, Donald McCune, a former inmate, brought this claim to recover the value of certain items of personal property that he alleges were improperly destroyed by Respondent.
      The Claimant testified at the hearing of this matter that in July 2009, he was “locked up” in Respondent’s facility, and at that time his property was inventoried. In August 2009 he was transferred to a Division of Corrections facility in McDowell County. Once he arrived at the Division of Corrections facility he realized that he was missing a pair of Caterpillar work boots valued at $149.00. Claimant was subsequently released and filed this claim October 15, 2012.
      The Court does not reach the merits of Claimant’s claim as Claimant failed to timely file his claim within the two year statute of limitations. Claimant waited over three full years to file his claim.
      Accordingly, the Court is of the opinion to, and does hereby, deny Claimant’s claim.
      Claim disallowed.
     
Summary:
     


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