Texas Supreme Court
Charles Clay Warner, Jr., Petitioner v. Zelda G. Glass, Respondent
May 7, 200447 Tex. Sup. Ct. J. 538
Summary
The Texas Supreme Court held that a pro se inmate’s civil petition is deemed filed when the prison authorities receive it for mailing, not when the court clerk actually receives it, and that this interpretation does not modify Chapter 14 of the Inmate Litigation Act. Accordingly, the Court reversed the Court of Appeals and remanded for further proceedings.
Holding
- When is a pro se inmate’s civil petition deemed filed for purposes of the Inmate Litigation Act’s filing deadline?. A petition placed in a properly addressed and stamped envelope or wrapper and received by prison authorities for mailing is deemed filed at that moment.
- Does the Court’s interpretation of the filing date modify or repeal any provision of Chapter 14 of the Inmate Litigation Act?. The interpretation does not modify or repeal any provision of Chapter 14; it merely clarifies when filing occurs under the statute’s existing language.
Docket 03-0214
Cited authorities
- Rule 5 of the Texas Rules of Civil Procedure
- Rule 5 of the Texas Rules of Civil Procedure
- Rule 4(a)(1)
- Fed. R. App. P., 4
- Fed. R. App. P. 4
- 42 U.S.C. § 1983
- 42 U.S.C. § 1983
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