Eduardo Hernandez v. Marion Spearman

OPINION

BERZON, Circuit Judge:

Petitioner Eduardo Hernandez’s federal habeas corpus petition was dismissed as untimely after the district court refused to apply the “prison mailbox” rule to calculate the dates of Hernandez’s filings. The district court found the rule inapplicable because a prisoner other than Hernandez delivered the petition to prison authorities for mailing to the clerk of court. We hold that the prison mailbox rule applies to such a circumstance and, accordingly, reverse the dismissal of Hernandez’s petition.

I

Hernandez, a California prisoner, is serving two indeterminate life…