How does the court determine the filing date for each of petitioner's habeas petitions?
MultiRegion, United States of America
The following excerpt is from Jones v. Diaz, No. 2:11-cv-1659 MCE EFB P (E.D. Cal. 2012):
2. The court deems the filing date for each of petitioner's habeas petitions to be the date reflected on the certificate of service for the respective 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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