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
The following excerpt is from Warren v. Uribe, No. CIV S-10-2120 MCE EFB P (E.D. Cal. 2011):
1. The court deems the filing dates of petitioner's habeas petitions to be the dates on the certificate of service for the petitions. See Houston v. Lack, 487 U.S. 266, 276 (1988) (prisoner's notice of appeal deemed timely filed on the date it was delivered to prison staff for delivery to the court); Smith v. Duncan, 297 F.3d 809, 814 (9th Cir. 2002) (applying mailbox rule to petitions filed in state court).
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