· 8/13/2010
Campbell v. Henry
Citations
- 614 F.3d 1056
- 2010 U.S. App. LEXIS 16764
- 2010 WL 3194620
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- explaining that under the mailbox rule, a pro se habeas petition “is deem filed when [and individual in custody] hand[s] it over to prison authorities for mailing to the relevant court”
- “Tolling ... is not appropriate for a petition that is untimely under state law, because such a petition is [not properly filed].”
- acknowledging that “in formal terms the Court of Appeal had before it a new original petition and not an appeal,” while also holding that the Court of Appeal’s decision that a claim was timely necessarily meant “that claim was timely when it was before the lower court”
- applying the mailbox rule to both state and federal filings by incarcerated inmates
- under the mailbox rule, the petition is deemed filed 28 when handed to prison authorities for mailing
- “Under the mailbox rule, a prisoner’s pro se habeas petition is deemed filed when he hands it over to prison authorities for mailing to the relevant court.” (citation and quotation marks omitted)
Source: CourtListener parenthetical corpus (CC0).
Judges: Reinhardt, Fletcher, Smith
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.