Easley v. Roach, et al.


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Docket Number: 2003-CP-01557-SCT

Supreme Court: Opinion Link
Opinion Date: 08-05-2004
Opinion Author: Graves, J.
Holding: Vacated and Remanded

Additional Case Information: Topic: Prison mailbox rule
Judge(s) Concurring: Smith, C.J., Waller and Cobb, P.JJ., Carlson, Dickinson and Randolph, JJ.
Non Participating Judge(s): Diaz, J.
Dissenting Author : Easley, J.
Procedural History: Dismissal
Nature of the Case: CIVIL - STATE BOARDS AND AGENCIES

Trial Court: Date of Trial Judgment: 06-26-2003
Appealed from: Sunflower County Circuit Court
Judge: W. Ashley Hines
Disposition: Dismissed the Appellant's complaint as untimely.
Case Number: 2003-0052-M

Note: Motion to Remand filed by counsel for Letitia Roach, et al., is granted.

  Party Name: Attorney Name:  
Appellant: Arthur M. Easley




PRO SE



 

Appellee: Letitia Roach, et al. JANE L. MAPP JAMES M. NORRIS  

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Topic: Prison mailbox rule

Summary of the Facts: Arthur Easley filed a motion for an Order to Show Cause, which alleged that the procedures used by the Mississippi Department of Corrections to place him in solitary confinement violated his due process rights. Easley’s complaint was dismissed as untimely since it was not filed by the Circuit Clerk within 30 days after receipt of the agency’s final decision. Easley appeals.

Summary of Opinion Analysis: The Court of Appeals’ decision in Maze v. Mississippi Department of Corrections, 854 So.2d 1090 (Miss. Ct. 2003), extended the “prison mailbox rule” to civil filings by pro se prisoners seeking judicial review. Under that rule, a pro se pleading is considered filed when mailed by the inmate and not when it is received by the circuit clerk. Easley filed his “Motion to Show Cause” seeking judicial review within the 30 day period set forth in section 47-5-807. However, the motion was stamped “filed” outside of the 30 day period. There is nothing in the record conclusively showing on what date Easley’s motion was submitted for mailing. Because the record fails to establish when Easley’s motion was submitted for mailing, the judgment is vacated and remanded.


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