Is a pro se prisoner considered a party to a notice of appeal when it was delivered to the prison authorities for forwarding to the court?

MultiRegion, United States of America

The following excerpt is from Sudduth v. Arizona Atty. Gen., 921 F.2d 206 (9th Cir. 1990):

Because appellant is a pro se prisoner, however, his notice of appeal is deemed filed when it was delivered to prison authorities for forwarding to the court. See Houston v. Lack, 487 U.S. 266, 108 S.Ct. 2379, 2382, 101 L.Ed.2d 245 (1988). Ordinarily, we will remand to the district court for the limited purpose of enabling that court to determine when the prisoner delivered the notice of appeal to prison authorities. See Miller v. Sumner, 872 F.2d 287 (9th Cir.1989); Miller v. Sumner, 921 F.2d 202 (9th Cir.1990).

Other Questions


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)
Is a pro se prisoner's court filing deemed filed at the time they are delivered to the prison authorities for forwarding to the court clerk? (MultiRegion, United States of America)
Does a prisoner's court document need to be delivered to prison officials on the date the prisoner delivered it to the prison officials for mailing? (MultiRegion, United States of America)
Is a pro se prisoner's court filing deemed filed at the time he delivers it to the prison authorities for forwarding to the court clerk? (MultiRegion, United States of America)
How do courts determine whether a prisoner's notice of appeal was timely filed on the date it was delivered to prison staff for delivery to the court? (MultiRegion, United States of America)
Is a pro se prisoner's court document deemed to be filed at the moment it was delivered to prison officials for forwarding to the court? (MultiRegion, United States of America)
Is a pro se prisoner's filing of a state habeas petition deemed a "mailbox" when it is delivered to the prison authorities for forwarding to the clerk of the court? (MultiRegion, United States of America)
What is the date on which a prisoner's notice of appeal was delivered to prison staff for delivery to the court? (MultiRegion, United States of America)
Can a state prisoner seek review of an adverse lower court decision by filing a notice of appeal instead of filing a petition to the Court of Appeal? (MultiRegion, United States of America)
What is the timing of a motion for attorney's fees and costs in the wake of the Court of Appeal's decision of appeal against the Supreme Court of Justice's decision to dismiss the appeal? (MultiRegion, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.