Claimant appeared in person.
Robert D. Pollitt, Assistant Attorney General, for respondent.


These two claims, alleging loss of property, were consolidated and came
on for hearing on
January 15, 1986 upon respondent's Motion to Dismiss. The Court, at
claimant's request,
permitted claimant's Answer to Respondent's Motion to Dismiss filed in
Claim No. CC-84-326
to serve as the Answer in Claim No. CC-84-271 also. The Court amended
the style of Claim
No. CC-84-271 to delete Danny R. Campbell as a respondent party, as the
Court lacks
jurisdiction over an individual.

Claimant has been incarcerated at West Virginia Penitentiary since
December 10, 1968. He
alleges that respondent was negligent in failing to safeguard his
property acquired for the
operation of both a radio and T.VS. repair shop and a woodworking or
hobby shop. The repair
shop was operated by claimant until it was closed by Deputy
Superintendent Danny R.
Campbell on February 1, 1979. The property in the repair shop included
equipment to be
repaired, tools, and books. In November 1973, claimant Plantz and fellow
inmate William
Creamens created the woodworking shop. On April 3, 1980, the woodworking
shop's operation
was terminated by officials at the penitentiary. The property in the
woodworking shop included
tools, wood, glue, stain and varnishes. The property of both of these
enterprises was never
recovered by claimant.

On March 14, 1980, claimant filed a complaint in the U. S. District
Court regarding his
property loss in the radio and T.VS. repair shop. On March 21, 1983, the
Court entered an
Order granting respondent's Motion for Summary Judgment. On February 25,
1981, claimant
Plantz and William Cremeans filed a complaint in U. S. District Court
regarding their property
loss in the woodworking shop. On April 8, 1983, the Court entered an
Order dismissing the

One of the contentions of the respondent's Motion to Dismiss is that
both claims are barred by
the statute of limitations. Claimant alleges, in his Answer to
respondent's Motion to Dismiss, that
"The Respondents have denied the claimant access to the court by
confining him in a way which
he was not allowed access to legal materials to enable him to bring his
claim to the court." West
Virginia Code §55-2-18 provides that after abatement, dismissal, etc. of
an action commenced
within due time, a new action may be brought within one year after such
abatement, dismissal, or
other cause . . . Claim No. CC-84-271 was filed October 11, 1984, and
Claim No.
CC-84-326 was filed December 11, 1984. Neither claim was timely filed

After careful review of the evidence presented, the Court finds that
under the provisions of
W.Va. Code 14-2-21, it does not have jurisdiction over claims which are
not filed within the time
specified by the applicable statute of limitations. The Court must,
therefore, sustain respondent's
Motion to Dismiss and dismiss the claims.

Claims dismissed.