Is a pro se prisoner's habeas petition considered pro se?
MultiRegion, United States of America
The following excerpt is from Drakeford v. Lizaraga, No. 2:17-cv-1571 MCE DB P (E.D. Cal. 2018):
1. Respondent provides a copy of petitioner's superior court habeas petition. The date identified as its filing date is the date petitioner signed his petition. See Stillman v. LaMarque, 319 F.3d 1199, 1201 (9th Cir. 2003) (a pro se prisoner's filing is deemed filed when he delivers it to prison authorities for mailing). That date is the earliest date the petition could be considered filed.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Does the court need to consider the "prison mailbox rule" in determining whether a petition was delivered to the prison on the same date as the petition was filed? (MultiRegion, United States of America)
Does a prisoner's court document need to be delivered to prison officials on the date the prisoner delivered it to the prison officials for mailing? (MultiRegion, United States of America)
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)
What is the effect of the prison mailbox rule on a habeas petition? (MultiRegion, United States of America)
Is a federal prisoner required to exhaust all administrative remedies before filing a habeas corpus petition? (MultiRegion, United States of America)
Does the prison mailbox rule apply to a state habeas petition? (MultiRegion, United States of America)
Can a federal or state prisoner file a habeas petition against the imposition or execution of their sentence? (MultiRegion, United States of America)
What is the significance of a habeas petition that asks the court to reenter a judgment so that a prisoner can continue to appeal? (MultiRegion, United States of America)
Can a new petition be brought before the 9th Circuit of the Federal District Court against the US Department of Justice for failing to consider the merits of a previous petition? (MultiRegion, United States of America)
Is a pro se inmate entitled to use the prison mailbox rule in determining the constructive filing date of his state and federal habeas petitions? (MultiRegion, United States of America)
