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Name: Stillman v. LaMarque
Case #: 02-15139
Court: US Court of Appeals
District 9 Cir
Opinion Date: 02/18/2003
Subsequent History: None

The habeas petitioner was not entitled to the benefit of the mailbox rule, which deems a state habeas petition filed at the moment the prisoner delivers it to prison authorities for forwarding to the clerk of the court. The rule requires a petitioner to proceed without the assistance of counsel (which was not the case here) and to deliver the petition to the prison authorities within the limitation period, which he did not do. However, he is entitled to the benefit of equitable tolling when the prison litigation coordinator promised petitioner’s attorney that he would obtain petitioner’s signature in time for filing, but then broke that promise, causing the filing to be late.