1983 Complainant's Appeal Timely Filed, But Tenth Rejects on the Merits

Larson v. Meek, 2007 WL 1705086 (6/14/07)(unpub'd) - The 10th used the mailbox rule (counting the notice of appeal as filed when the pro se prisoner puts the notice in the prison legal mail system) and the misdirected notice rule (providing that a notice of appeal mistakenly sent to the circuit court is considered filed in the district court on the date received by the circuit court) to hold timely a § 1983 complainant's notice of appeal. A prisoner using a legal mail system doesn't have to file a declaration or notarized statement unlike a prisoner in a prison without a legal mail system. The 10th, of course, rejected his claims on the merits.