Maze v. Miss. Dep't of Corrections, et al.
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 |
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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 |
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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 |
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Appellee: | Miss. Dept. of Corrections and Florence Jones | OFFICE OF THE ATTORNEY GENERAL BY: JANE L. MAPP |
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Synopsis provided by: If you are interested in subscribing to the weekly synopses of all Mississippi Supreme Court and Court of Appeals hand downs please contact Tammy Upton in the MLI Press office. |
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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