Howard v. Webber (Per Curiam)Annotate this Case
Petitioner, an inmate, filed a pro se petition for writ of habeas corpus seeking release from custody. An order was entered denying the petition. Thirty-five days later, Petitioner filed an untimely notice of appeal. Now before the Supreme Court was Petitioner’s pro se motion seeking to proceed with a belated appeal of the order denying his petition. Petitioner argued that his notice of appeal should be considered timely pursuant to Houston v. Lack, which stands for the proposition that a notice of appeal in some federal-court matters is considered filed by a pro se prisoner when he delivers it to prison authorities for mailing. The Supreme Court denied the motion, holding that the record did not support Petitioner’s contentions.