Hernandez v. Spearman, No. 09-55306 (9th Cir. 2014)
Annotate this CasePetitioner, a California prisoner, appealed the dismissal of his federal habeas petition as time-barred. The district court refused to apply the prison mailbox rule to calculate the dates of petitioner's filings, finding that the rule was inapplicable because a prisoner other than petitioner delivered the petition to prison authorities for mailing to the clerk of the court. The court reversed the dismissal, holding that the prison mailbox rule applied to such a circumstance.
Court Description: Habeas Corpus. Reversing the district court’s dismissal of a federal habeas corpus petition as untimely after the district court refused to apply the “prison mailbox” rule to calculate the dates of the petitioner’s filings, and remanding for further proceedings, the panel held that the mailbox rule applies when a pro se habeas petitioner gives his petition to a third party to mail from within the prison.
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