Jones v. CDCR

Summary

The United States District Court for the Eastern District of California vacated findings and recommendations recommending dismissal of Eugene Jones’s 42 U.S.C. § 1983 action. The court concluded that Jones’s second amended complaint was timely under the prison mailbox rule and directed that it be screened in due course.

Holdings

1. A pro se prisoner's pleading is deemed filed when delivered to prison authorities for mailing; because the second amended complaint was signed and dated before the deadline, it was timely.
2. The findings and recommendations recommending dismissal were vacated because Plaintiff timely filed the second amended complaint.

Questions Presented

1. Whether the plaintiff's second amended complaint was timely under the prison mailbox rule.
2. Whether the pending findings and recommendations recommending dismissal should be vacated after the timely filing of the second amended complaint.

Disposition

vacated