Does the mailbox rule apply in determining the date of filing of both a state and federal habeas petition?

MultiRegion, United States of America

The following excerpt is from Bagdasaryan v. Swarthout, No. 2:11-cv-03314-JAM-DAD P (E.D. Cal. 2012):

3. The court applies the mailbox rule in determining the date of filing of petitioner's state and federal habeas petitions. See Houston v. Lack, 487 U.S. 266, 276 (1988); Campbell v. Henry, 614 F.3d 1056, 1058-59 (9th Cir. 2010) (applying the mailbox rule to both state and federal filings by incarcerated inmates). Under the mailbox rule, the court deems petitions filed on the date the petitioner presumably handed his petition to prison authorities for mailing or the date the petition in question was signed by the petitioner.

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