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MILLER v. SUMNER

No. 88-1798.

921 F.2d 202 (1990)

Roosevelt MILLER, Plaintiff-Appellant, v. George SUMNER, Director Nevada Department of Prisons; State Attorney General of Nevada, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided August 8, 1990.

As Amended on Denial of Rehearing December 4, 1990.

Attorney(s) appearing for the Case

Roosevelt Miller, Jean, Nev., pro se.

Brian Randall Hutchins, Chief Deputy Atty. Gen., Carson City, Nev., for defendants-appellees.

Before TANG, NOONAN and RYMER, Circuit Judges.

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...

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