Does the prison mailbox rule apply to a habeas petition?
MultiRegion, United States of America
The following excerpt is from Alcala v. Martel, No. 2:10-cv-03448 KJM AC P (E.D. Cal. 2014):
2. Petitioner's state and federal habeas petitions are entitled to the benefit of the prison mailbox rule in determining their constructive filing date. See Houston v. Lack, 487 U.S. 266 (1988).
3. See Docken v. Chase, 393 F.3d 1024, 1028 (9th Cir. 2004) ("[H]abeas corpus jurisdiction exists when a petitioner seeks expungement of a disciplinary finding from his record if expungement is likely to accelerate the prisoner's eligibility for parole.").
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