Is a pleading filed by a pro se prisoner as of the date the pleading was delivered to the prison authorities for mailing to the court clerk?
MultiRegion, United States of America
The following excerpt is from Dukes v. Cal. Dep't of Corr. & Rehab., Case No. 1:18-cv-00288-LJO-BAM (PC) (E.D. Cal. 2019):
1. Pursuant to the prison mailbox rule, a pleading filed by a pro se prisoner is deemed to be filed as of the date the prisoner delivered it to the prison authorities for mailing to the court clerk. See Houston v. Lack, 487 U.S. 266, 270 (1988); Douglas v. Noelle, 567 F.3d 1103, 1108-09 (9th Cir. 2009) (mailbox rule articulated in Houston applies to civil rights actions).
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