The following excerpt is from Atzet v. Paramo, No. 2:17-cv-1399 MCE KJN P (E.D. Cal. 2018):
1. Unless otherwise indicated, petitioner is given benefit of the mailbox rule for all of his filings. See Campbell v. Henry, 614 F.3d 1056, 1059 (9th Cir. 2010) (under the mailbox rule, the petition is deemed filed when handed to prison authorities for mailing). Although respondent cited September 1, 2008, as the date petitioner filed the petition in the superior court, the proof of service is dated September 5, 2008.
2. Under the mailbox rule, the date the prisoner signed the petition is considered the filing date absent evidence to the contrary. See Jenkins v. Johnson, 330 F.3d 1146, 1149 n.2 (9th Cir. 2003) (date petition is signed may be considered earliest possible date an inmate could submit his petition to prison authorities for filing under the mailbox rule).
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