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
The following excerpt is from Shepard v. Cohen, 1:11-cv-00535-GSA-PC (E.D. Cal. 2014):
3. Based on the mailbox rule of Houston v. Lack, 487 U.S. 266, 108 S.Ct. 2379 (1988), a pro se prisoner's court filing is deemed filed at the time the prisoner delivers it to prison authorities for forwarding to the court clerk. Douglas v. Noelle, 567 F.3d 1103, 1107 (9th Cir. 2009).
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