Court of Appeals for the Ninth Circuit December 4, 1990, 88-1798 (Roosevelt Miller v. George Sumner, Director Nevada Department of Prisons State Attorney General of Nevada)

RYMER, Circuit Judge:

The notice of appeal in this action was filed by Roosevelt Miller, a Nevada state prisoner, more than thirty days after entry of the order appealed from. It was therefore untimely under Fed.R.App.P. 4(a)(1).

*203

However, because notices of appeal by

pro se

prisoners are deemed filed when delivered to prison authorities for forwarding to the court under

Houston v.