Moore

The sole issue presented by this appeal is whether, for purposes of Government Code section 945.6, a prisoner’s pro se civil complaint should be deemed filed on the date it is properly delivered to prison officials pursuant to the prison’s established procedures for prisoners’ mail rather than on the date it is actually filed by the clerk of court. Here, the prisoners’ outgoing mail log submitted on appeal indicates plaintiff’s civil complaint was delivered by plaintiff and mailed within the effective statute of limitations; the superior court clerk filed it 12 days later, after the statute had expired.

Our state Supreme Court has held that the “prison-delivery rule” applies to determine the timeliness of a notice of appeal delivered to prison officials for mailing by an unrepresented confined defendant to “ensure[] that an unrepresented defendant, confined during the period allowed for the filing of an appeal, is accorded an opportunity to comply with the filing requirements fully comparable to that provided to a defendant who is represented by counsel or who is not confined.” (In re Jordan (1992) 4 Cal.4th 116, 119 [ 13 Cal.Rptr.2d 878 , 840 P.2d 983 ] (Jordan).) In so…