Does the court need to consider the "prison mailbox rule" in determining whether a petition was delivered to the prison on the same date as the petition was filed?
MultiRegion, United States of America
The following excerpt is from Lopez v. Frauenheim, No. 14-cv-02568 GEB AC (E.D. Cal. 2017):
1. Because the timeliness of the petition is not in dispute, the court need not consider application of the "prison mailbox rule." See Houston v. Lack, 487 U.S. 266 (1988) (establishing rule that a prisoner's court document is deemed filed on the date the prisoner delivered the document to prison officials for mailing).
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