Maze v. Miss. Dep't of Corrections, et al.


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Docket Number: 2002-CP-00276-COA

Court of Appeals: Opinion Link
Opinion Date: 09-23-2003
Opinion Author: King, P.J.
Holding: Reversed and Remanded

Additional Case Information: Topic: Post-conviction relief - Prison mailbox rule - Section 47-5-807
Judge(s) Concurring: McMillin, C.J., Southwick, P.J., Bridges, Thomas, Lee, Irving, Myers, Chandler and Griffis, JJ.
Procedural History: Jury Trial
Nature of the Case: CIVIL - STATE BOARDS AND AGENCIES

Trial Court: Date of Trial Judgment: 01-23-2002
Appealed from: Greene County Circuit Court
Judge: James W. Backstrom
Disposition: APPEAL DISMISSED AS UNTIMELY
Case Number: 2001-07-055 (1)

  Party Name: Attorney Name:  
Appellant: James Maze




James Maze



 

Appellee: Miss. Dept. of Corrections and Florence Jones OFFICE OF THE ATTORNEY GENERAL BY: JANE L. MAPP  

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Topic: Post-conviction relief - Prison mailbox rule - Section 47-5-807

Summary of the Facts: James Maze, an inmate with Mississippi Department of Corrections, filed a grievance through the Administrative Remedies Program complaining that he had not been upgraded to B-custody. After receiving an adverse decision, Maze filed a "Motion to Show Cause" in the circuit court which dismissed Maze's complaint as untimely filed. Maze appeals.

Summary of Opinion Analysis: Under the prison mailbox rule, a pleading is deemed timely if it is deposited in the prison mail system within the time required. The rule extends to all actions under post-conviction relief and appeals in those actions. There is no reason to why the rule should not apply in the context of this case, a civil filing by a pro se prisoner seeking judicial review. Maze did seek judicial review within thirty days as required by section 47-5-807. Therefore, the court erred in dismissing Maze's complaint as untimely.


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