What is the test for constructively filed documents in a habeas corpus petition?
MultiRegion, United States of America
The following excerpt is from Austin v. Pfeiffer, Case No.: 17-CV-01950-MMA-WVG (S.D. Cal. 2018):
1. Petitioner's documents are deemed constructively filed because under the mailbox rule of Houston v. Lack, 487 U.S. 266 (1988), an incarcerated pro se prisoner's pleading is deemed filed at the moment of delivery to prison officials. This mailbox rule has been extended to both state and federal habeas corpus petitions for purposes of applying the AEDPA statute of limitations. See Miles v. Prunty, 187 F.3d 1104, 1106 n. 2 (9th Cir. 1999).
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