Roosevelt Miller v. George Sumner, Director Nevada Department of Prisons State Attorney General of Nevada

RYMER, Circuit Judge:

The notice of appeal in this action was filed by Roosevelt Miller, a Nevada state prisoner, more than thirty days after entry of the order appealed from. It was therefore untimely under Fed.R.App.P. 4(a)(1). However, because notices of appeal by pro se prisoners are deemed filed when delivered to prison authorities for forwarding to the court under Houston v. Lack, 487 U.S. 266, 108 S.Ct. 2379, 101 L.Ed.2d 245 (1988), we remanded for the district court to determine whether Miller delivered his notice within the applicable period. Miller v. Sumner, 872 F.2d 287 (9th…