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HOUSTON v. LACK

No. 87-5428.

487 U.S. 266 (1988)

108 S.Ct. 2379

101 L.Ed.2d 245

HOUSTON v. LACK, WARDEN

Supreme Court of United States.

Decided June 24, 1988

Attorney(s) appearing for the Case

Penny J. White, by appointment of the Court, 484 U.S. 1057, argued the cause and filed a brief for petitioner.

Jerry L. Smith, Deputy Attorney General of Tennessee, argued the cause for respondent. With him on the brief were W. J. Michael Cody, Attorney General, and Gordon W. Smith, Assistant Attorney General.*

JUSTICE BRENNAN delivered the opinion of the Court.

Pro se prisoners can file notices of appeal to the federal courts of appeals only by delivering them to prison authorities for forwarding to the appropriate district court. The question we decide in this case is whether under Federal Rule of Appellate Procedure 4(a)(1) such notices are to be considered filed at the moment of delivery to prison authorities for forwarding...

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