GARZER
v.
WARDEN, FCC COLEMAN - LOW
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The district court vacated its own dismissal order after discovering that the petitioner had timely filed an amended petition before the deadline, though it was not docketed until after the dismissal. The court applied the prison mailbox rule to establish that the filing was timely.
The petitioner timely filed the amended petition under the prison mailbox rule, which deems a prisoner's filing to be filed on the date it was signed and delivered to authorities for mailing, not on the date it was docketed. Therefore, the dismissal order was improper and must be vacated.
“Under the "mailbox rule," a prisoner's filing is deemed filed on the date it was signed and delivered to authorities for mailing.”
Establishes the legal standard for when a prisoner's filing is considered filed for purposes of meeting deadlines.
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Join FLexlaw to unlock all legal intelligencePetitioner was ordered to file an amended petition by June 30, 2025. The court issued a dismissal order on July 7, 2025, based on the apparent failure…
The full statement of facts, procedural history, and disposition for this case are member content.
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THIS CAUSE is before the Court upon sua sponte review. By Order dated July 7, 2025, the Court dismissed this case because Petitioner failed to file an amended petition by June 30, 2025, in compliance with a previous Court order. (“Dismissal Order," Doc. 4). Unbeknownst to the Court, Petitioner filed an amended petition on June 17, 2025 [fn 1], but it was not docketed until July 8, 2025. Therefore, because the amended petition was timely filed, the Court will vacate the Dismissal Order and allow the case to proceed.
Accordingly, it is hereby ORDERED that the Court's Dismissal Order (Doc. 4) is VACATED. The Clerk is directed to reopen this case.
DONE and ORDERED in Tampa, Florida on July 11, 2025.
WILLIAM F. JUNG UNITED STATES DISTRICT JUDGE
Copies furnished to: Unrepresented Party
[fn 1]: Under the “mailbox rule,” a prisoner's filing is deemed filed on the date it was signed and delivered to authorities for mailing. See Adams v. United States, 173 F. 3d 1339 (11th Cir. 1999).