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
The following excerpt is from Mendoza v. Pollard, Case No.: 20cv0847-GPC(RBB) (S.D. Cal. 2021):
4. See Houston v. Lack, 487 U.S. 266, 270-71 (1988) (holding that a pro se prisoner's court documents are deemed filed at the moment of delivery to prison officials for forwarding to the court because the prisoner is unable to control the time of receipt by the court); see also Stillman v. LaMarque, 319 F.3d 1199, 1201 (9th Cir. 2003).
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
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)
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)
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 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)
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)
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)
Does the court need to consider the "prison mailbox rule" in determining whether a petition was delivered to the prison on the same date as the petition was filed? (MultiRegion, United States of America)
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)
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)
