Is a notice of appeal by a pro se prisoner deemed filed when it is delivered to the prison authorities for forwarding to the court clerk?
MultiRegion, United States of America
The following excerpt is from Gustavo Torres De La Riva v. Holland, Case No.: 15CV0683-WQH(JMA) (S.D. Cal. 2015):
1. Under the mailbox rule, a notice of appeal by a pro se prisoner is deemed filed when the prisoner delivers it to prison authorities for forwarding to the court's clerk because the prisoner is unable to control the time of delivery. See Houston v. Lack, 487 U.S. 266, 276 (1988).
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