Griffin v. Epps
| Docket Number: | 2010-CP-00087-COA | |
| Court of Appeals: |
Opinion Link Opinion Date: 03-15-2011 Opinion Author: Myers, J. Holding: Reversed and remanded. |
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| Additional Case Information: |
Topic: Administrative remedy program - Prison mailbox rule Judge(s) Concurring: Lee, C.J., Irving and Griffis, P.JJ., Barnes, Ishee, Roberts and Maxwell, JJ. Dissenting Author : Carlton, J. With Separate Written Opinion Procedural History: Dismissal Nature of the Case: CIVIL - STATE BOARDS AND AGENCIES |
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| Trial Court: |
Date of Trial Judgment: 12-09-2009 Appealed from: Rankin County Circuit Court Judge: Samac S. Richardson Disposition: Dismissed Petition as Untimely Filed Case Number: 2009-300-R |
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| Party Name: | Attorney Name: | Brief(s) Available: | ||
| Appellant: | Timothy M. Griffin |
PRO SE |
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| Appellee: | Christopher B. Epps | OFFICE OF THE ATTORNEY GENERAL: 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. |
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| Topic: | Administrative remedy program - Prison mailbox rule |
| Summary of the Facts: | Timothy Griffin, an inmate with the Mississippi Department of Corrections, petitioned the Rankin County Circuit Court for judicial review of a decision rendered by the MDOC through its Administrative Remedy Program. The circuit court dismissed Griffin’s petition as untimely filed. Griffin appeals. |
| Summary of Opinion Analysis: | Griffin argues that he submitted his petition to prison officials for mailing within the thirty-day period set forth by statute; thus, the prison mailbox rule should apply. In response, the State acknowledges that the record is insufficient to determine whether or not the circuit court properly dismissed Griffin’s petition as untimely filed. Both parties ask the Court to vacate the court’s judgment and remand the case to the court to determine whether Griffin submitted his petition for mailing within the thirty-day period allowed by statute. Since all the record contains in support of Griffin’s assertion that he timely submitted his petition for mailing are the notary stamps contained on Griffin’s petition and his affidavit of poverty, the case is remanded to the circuit court for proceedings to determine whether Griffin submitted his petition for mailing within thirty days after his receipt of the agency’s final decision. |
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