In Houston v. lack , 487 U.S. 266,108 S.Ct. 2379, 101 L.Ed.2d 245 (1988), this Honorable Court held that when an incarcerated person submits his/her legal pleadings to a prison official for mailing that legal pleading is deemed filed into the court on the date it was given to the prison official.
Hie question presented is whether a writ of mandamus should issue directing the court of appeals to abide by the Supreme Court's holding in Houston v. lack and accept Petitioner's petition for En Banc Rehearing that was given to the classification department here at the Louisiana State Penitential at Angola for mailing on October 5, 2023 which was ten (10) days after Petitioner received the court of appeals ruling on September 25,2023.
Whether a writ of mandamus should issue directing the court of appeals to abide by the Supreme Court's holding in Houston v. Lack and accept Petitioner's petition for En Banc Rehearing