Whether a prisoner who submits a filing through the prison mail system loses the benefit of the mailbox rule if he has counsel?

QUESTION PRESENTED In Houston v. Lack, 487 U.S. 266 (1988), this Court held that filings by prisoners receive the benefit of the mailbox rule, which means that a prisoner’s filing is deemed timely if it is placed in the prison mail system by the date it is due. This case presents a recurring question on which the courts of appeals are split. In some instances, a prisoner who is nominally represented by counsel submits a filing through the prison mail system. Such filings can result from miscommunication over representation status, abandonment by counsel, or as was the case here, counsel’s inability to submit the filing. The question presented is: Whether a prisoner who submits a filing through the prison mail system loses the benefit of the mailbox rule if he has counsel?