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Knickerbocker v. Artuz

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Submitted: June 20, 2001

State prisoner appeals from a judgment of the United States District Court for the Southern District of New York (McMahon, J.), dismissing his petition for a writ of habeas corpus. We sua sponte dismiss the appeal and deny as moot petitioner’s motions for in forma pauperis status and a certificate of appealability, because petitioner’s notice of appeal was not timely filed. We hold that the prison mailbox rule, set forth in Houston v. Lack, 487 U.S. 266, 276 (1988), does not apply where a pro se prisoner delivers his notice of appeal to someone outside the prison system for forwarding to the court clerk. The action is remanded to the district court to determine whether, pursuant to Fed. R. App. P. 4(a)(5)(A), Knickerbocker should be granted an extension of time for filing his notice of appeal.

Appeal dismissed sua sponte, motions denied as moot, and action remanded to district court.

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