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WARNER v. GLASS

No. 03-0214.

135 S.W.3d 681 (2004)

Charles Clay WARNER, Jr., Petitioner, v. Zelda G. GLASS, Respondent.

Supreme Court of Texas.

May 7, 2004.

Attorney(s) appearing for the Case

Charles Clay Warner, Jr., Iowa Park, pro se.

Greg Abbott, Attorney General, John A. Neal, Chief, Prosecutor Assistance Division, Jay T. Kimbrough, Phillip E. Marrus, Barry Ross McBee, Harold Joseph Liller, Edward D. Burbach, and David A. Talbot Jr., Office of Attorney General, Austin, for respondent.

PER CURIAM.

The question in this case is whether a pro se inmate's civil petition is deemed filed when it is turned over to prison authorities for mailing or when it is actually received by the court clerk. Consistent with the Inmate Litigation Act1 and Rule 5 of the Texas Rules of Civil Procedure, we hold that a pro se inmate's petition that is placed in a properly addressed and stamped envelope or wrapper is deemed filed at the moment...

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