Moore v. Twomey

Opinion

RAYE, J.

The sole issue presented by this appeal is whether, for purposes of Government Code section 945.6, a prisoner’s pro se civil complaint should be deemed filed on the date it is properly delivered to prison officials pursuant to the prison’s established procedures for prisoners’ mail rather than on the date it is actually filed by the clerk of court. Here, the prisoners’ outgoing mail log submitted on appeal indicates plaintiff’s civil complaint was delivered by plaintiff and mailed within the effective statute of limitations; the superior court clerk filed it 12 days later,…