¶1Filed 5/19/08 by Clerk of Supreme Court
¶2IN THE SUPREME COURT
¶3STATE OF NORTH DAKOTA
¶11Reuben Larson, Plaintiff and Appellant
¶13v.
¶15Gail Hagerty,
¶16Zachary Pelham,
¶17Wayne Stenehjem, Defendants and Appellees
¶21No. 20080056
¶25Appeal from the District Court of Burleigh County, South Central Judicial District, the Honorable Ronald E. Goodman, Judge.
¶27AFFIRMED.
¶29Per Curiam.
¶31Reuben Larson (on brief), pro se, P.O. Box 5521, Bismarck, N.D. 58506-
¶325521.
¶34Douglas Alan Bahr (on brief), Solicitor General, Office of Attorney General, 500 North 9th Street, Bismarck, N.D. 58501-4509, for defendants and appellees.
¶35Larson v. Hagerty
¶36No. 20080056
¶38Per Curiam.
¶39[¶1] Reuben Larson has appealed from a district court judgment dismissing his complaint, which alleged that Judge Gail Hagerty, Assistant Attorney General Zachary Pelham, and Attorney General Wayne Stenehjem wrongfully deprived him access to the courts to prosecute an earlier civil action against eight employees of the North Dakota State Penitentiary, the State, and Governor John Hoeven.
¶40[¶2] The district court determined that it lacked subject-matter jurisdiction because Larson had failed to present a notice of claim to the Director of the Office of Management and Budget, as required by N.D.C.C. § 32-12.2-04(1), and judgment was entered dismissing his claim. We affirm the judgment of the district court under N.D.R.App.P. 35.1(a)(7) and Moen v. State , 2003 ND 17, ¶ 5, 656 N.W.2d 671 (“[a] court lacks subject matter jurisdiction to entertain a lawsuit in the absence of a timely filing of a notice of claim under N.D.C.C. § 32-12.2-04(1)”).
¶41[¶3] Gerald W. VandeWalle, C.J.
¶42Carol Ronning Kapsner
¶43Mary Muehlen Maring
¶44Daniel J. Crothers
¶45Everett Nels Olson, S.J.
¶47[¶4] The Honorable Everett Nels Olson, S.J., sitting in place of Sandstrom, J., disqualified.