Sims v. Landrum

SUTTON, Circuit Judge.

At 2:48 p.m. on July 1, 2004, Sovird Sims, a Michigan prisoner, gave Penny Landrum, the Assistant Resident Manager of the Southern Michigan Correctional Facility, mail related to his direct criminal appeal to the Michigan Supreme Court. The mail was not received by the Michigan Supreme Court until July 12, four days after the Court’s filing deadline, and as a result the Court dismissed the appeal as untimely. Sims filed an action under 42 U.S.C § 1983 against Landrum for allegedly violating his First and Fourteenth Amendment right of access to the courts by failing to…