United States Eleventh Circuit

In case where habeas petitioner claimed entitlement to "prison mailbox rule," but district court never received his Notice of Appeal, denial of motion to accept as timely a Notice of Appeal from denial of habeas petition is reversed where the district court's assumption of timely delivery of notice to proper prison authority mandates holding that notice was filed as of the date of delivery to the prison authorities.

Appellate Information

• Decided 12/06/2006
• Published 12/06/2006

Judges

• PER CURIAM:, Before ANDERSON and BARKETT, Circuit Judges, and STROM, District Judge.

Court

• United States Eleventh Circuit

Counsel

• For Appellant:
  
• Richard Earl Shields (Court-Appointed), McCleave Denson Shields, LLC, Mobile, AL, for Allen., Beth Slate Poe, Alabama Atty. Gen., Montgomery, AL, for Culliver.