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
The following excerpt is from Munyororo v. Hill, Case No.: 18CV458-BAS(KSC) (S.D. Cal. 2018):
1. "Under the 'mailbox rule,' a pro se prisoner's filing of a state habeas petition is deemed filed at the moment the prisoner delivers it to prison authorities for forwarding to the clerk of the court." Stillman v. LaMarque, 319 F.3d 1199, 1201 (9th Cir. 2003).
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