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August 25, 2014

The “prison mailbox rule” doesn’t save a prisoner’s untimely legal malpractice complaint

It’s beyond dispute that prisoners have a constitutional right to access courts. But in Dayson v. Meinberg, the Michigan Court of Appeals upheld the notion that this right of access doesn’t exempt prisoners from statutes of limitations—even when a prisoner’s complaint would be timely under the “prison mailbox” rule. Dayson, a prisoner in the Michigan…

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