MOORE v. TWOMEY

No. C044749.

16 Cal.Rptr.3d 163 (2004)

120 Cal.App.4th 910

Thomas Eugene MOORE, Plaintiff and Appellant, v. Timothy TWOMEY, as Deputy Sheriff, etc., et al., Defendants and Respondents.

Court of Appeals of California, Third District.

July 21, 2004.


Attorney(s) appearing for the Case

Thomas Eugene Moore, in pro. per., for Plaintiff and Appellant.

Prison Law Office and Donald Specter, San Quentin, as Amicus Curiae.

Longyear, O'Dea & Lavra, Van Longyear, John A. Lavra, Sacramento, and Jeri L. Pappone for Defendants and Respondents.

Bill Lockyer, Attorney General, and Manuel M. Medeiros, State Solicitor General, as Amicus Curiae on behalf of Plaintiff and Appellant.


RAYE, J.

The sole issue presented by this appeal is whether, for purposes of Government Code section 945.6, a prisoner's pro se civil complaint should be deemed filed on the date it is properly delivered to prison officials pursuant to the prison's established procedures for prisoners' mail rather than on the date it is actually filed by the clerk of court. Here, the prisoners' outgoing mail log submitted on appeal indicates plaintiff's civil complaint was delivered...

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