Warner v. Glass

The question in this case is whether a pro se inmate’s civil petition is deemed filed when it is turned over to prison authorities for mailing or when it is actually received by the court clerk. Consistent with the Inmate Litigation Act 1 and Rule 5 of the Texas Rules of Civil Procedure, we hold that a pro se inmate’s petition that is placed in a properly addressed and stamped envelope or wrapper is deemed filed at the moment prison authorities receive the document for mailing. Accordingly, we reverse the judgment of the court of appeals upholding the trial court’s dismissal of the…