Skip to main content
· 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 CourtListener

Sourced 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.