Does the constructive filing doctrine apply to an untimely notice of appeal?
MultiRegion, United States of America
The following excerpt is from Diaz v. Beard, CASE NO. 13cv1438-L (MDD) (S.D. Cal. 2013):
The constructive filing doctrine allows a court to construe an untimely notice of appeal as having been timely filed under certain circumstances. See Houston v. Lack, 487 U.S. 266, 108 S.Ct. 2379 (1988). Petitioner briefly argues the applicability of the constructive filing doctrine in this case with citation only to Houston, Id.
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