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).
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