United States Eleventh Circuit

Dismissal of a habeas petition on untimeliness grounds is reversed where, treating petitioner's early petition for judicial review as a petition for a writ of mandamus under the rule of liberal construction for pro se pleadings, and applying the mailbox rule to determine the filing date, the instant federal habeas petition was timely filed.

Appellate Information

• Decided 05/29/2008
• Published 05/29/2008

Judges

• PER CURIAM:, Before BARKETT and FAY, Circuit Judges, and ANTOON, District Judge.

Court

• United States Eleventh Circuit

Counsel

• For Appellant:
  
• Regina Cannon Stephenson, Stephanie Kearns (Court-Appointed), Fed. Pub. Defenders, Fed. Def. Program, Inc., Atlanta, GA, for Day.


• For Appellees:
  
• Amy E. Hawkins Morelli, Robert Wright Smith, Jr., Joseph J. Droler, Dept. of Law, Atlanta, GA, for Appellees.