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HERNANDEZ v. SPEARMAN

No. 09-55306.

764 F.3d 1071 (2014)

Eduardo HERNANDEZ, Petitioner-Appellant, v. Marion SPEARMAN, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed August 22, 2014.

Attorney(s) appearing for the Case

Tony Faryar Farmani (argued), Farmani, APLC, San Diego, CA, for Petitioner-Appellant.

Stephanie C. Brenan (argued), Deputy Attorney General; James William Bilderback, II , Supervising Deputy Attorney General, Office of the California Attorney General, Los Angeles, CA, for Respondent-Appellee.

Before: HARRY PREGERSON and MARSHA S. BERZON, Circuit Judges, and CAROL BAGLEY AMON, Chief District Judge.

OPINION

BERZON, Circuit Judge.

Petitioner Eduardo Hernandez's federal habeas corpus petition was dismissed as untimely after the district court refused to apply the "prison mailbox" rule to calculate the dates of Hernandez's filings. The district court found the rule inapplicable because a prisoner other than Hernandez delivered the petition to prison authorities for mailing to the clerk of court. We hold that the prison mailbox rule applies to such a circumstance...

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