What is the constructive filing date of a habeas petition?
The following excerpt is from Curiel v. Miller, 830 F.3d 864 (9th Cir. 2016):
1 All of the filing dates reflect the constructive filing date of the petition in accordance with the mailbox rule, which provides that a habeas petition is deemed filed when the prisoner delivers it to prison authorities for forwarding to the clerk of the court, not when the petition is filed by the court. Ramirez v. Yates , 571 F.3d 993, 996 n. 1 (9th Cir. 2009). The parties agree that the mailbox rule applies and do not contest the relevant dates.
1 All of the filing dates reflect the constructive filing date of the petition in accordance with the mailbox rule, which provides that a habeas petition is deemed filed when the prisoner delivers it to prison authorities for forwarding to the clerk of the court, not when the petition is filed by the court. Ramirez v. Yates , 571 F.3d 993, 996 n. 1 (9th Cir. 2009). The parties agree that the mailbox rule applies and do not contest the relevant dates.
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