United States Ninth Circuit

Dismissal of a federal habeas petition as untimely is reversed and remanded for further proceedings, where: 1) the district court refused to apply the "prison mailbox" rule to calculate the dates of the petitioner's filings, and 2) the "prison mailbox" rule applies when a pro se habeas petitioner gives his petition to a third party to mail from within the prison.

Appellate Information

• Decided 08/22/2014
• Published 08/22/2014

Judges

• Berzon

Court

• United States Ninth Circuit

Counsel