COOPER v. BROOKSHIRE

No. 94-50782.

70 F.3d 377 (1995)

Christopher Columbus COOPER, Plaintiff-Appellant, v. O.A. BROOKSHIRE, Sheriff of Ector County, Texas, et al., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

Rehearing and Suggestion for Rehearing Denied December 19, 1995.


Attorney(s) appearing for the Case

Nicholas Cowenhoven Taylor (Court-appointed — Not under the act), Midland, TX, for appellant.

Denis C. Dennis, McMahon, Tidwell, Hansen, Atkins & Peacock, P.C., Odessa, TX, for appellee.

Before SMITH, WIENER and DeMOSS, Circuit Judges.


Rehearing and Suggestion for Rehearing En Banc Denied December 19, 1995.

WIENER, Circuit Judge:

The sole issue presented by this appeal is whether, for purposes of FED.R.CIV.P. 5(e), a prisoner's pro se complaint is "filed" on the date it is properly delivered to prison officials pursuant to the prison's established procedure for prisoners' mail,1 rather than the date it is received by...

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