The district court dismissed the petitioner's habeas corpus application as time-barred because it was filed after the one-year deadline, based on the time stamp applied by the court clerk. Under Texas law the pleadings of pro se inmates, including petitions for state post-conviction relief, are deemed filed at the time they are delivered to prison authorities, not at the time they are stamped by the clerk of the court. 5th U.S. Circuit Court of Appeals, No. 11-20803, 03-05-2013
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Richards v. Thaler
5th Cir.
March 11, 2013
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