Robert S. Allen v. Grant Culliver

Robert Allen appeals the district court’s denial of his motion to accept as timely a Notice of Appeal (“NOA”) from the denial of his petition for habeas corpus. 1 Although the first document received by the district court — a motion to vacate which also asserted having delivered to the prison authorities a timely notice of appeal on March 28, 2004, thereby asserting a right to a belated appeal — was received by the district court approximately a year after it was due, Allen claimed he was entitled to benefit from the “prison mailbox rule,” articulated in Houston v. Lack, 487 U.S. 266, 108…