The second sentence of the Rule states: "If an institution has a system designed for legal mail, the inmate must use that system to receive the benefit of this rule." Rule 4(c)(1) requires a prisoner to use a legal mailing system if the prison has one. United States v. Craig, 368 F.3d 738, 740 (7th Cir.2004). In the context of this appeal, Stateville has a separate legal mailing system; Waupun does not.

Following the amendment to Federal Rule of Appellate Procedure 4, the Fourth and Seventh Circuits have also applied the mailbox rule to prisoners represented by counsel in the context of a notice of appeal in criminal proceedings. See United States v. Moore , 24 F.3d 624, 626 (4th Cir. 1994) ; United States v. Craig , 368 F.3d 738, 740 (7th Cir. 2004). But see Rutledge v. United States , 230 F.3d 1041, 1052 (7th Cir. 2000) (declining to extend the prison mailbox rule to a motion to amend filed by a represented inmate).

The reason is that, because a prison's legal mail system verifies the date of dispatch, the prison may rely on the system to contest the inmate's sworn assertion. See United States v. Craig, 368 F.3d 738, 740 (7th Cir. 2004). White swore that he put his notice of appeal in legal mail on March 4, and the government does not contradict him. Although the government contends that White needed to submit more evidence, the rule requires only a sworn statement or other evidence, not both. See FED. R. APP. P. 4(c)(1)(A).

As the Seventh Circuit has explained, "the declaration [is required] to state only two things; 50% is not enough." United States v. Craig, 368 F.3d 738, 740 (7th Cir.2004). In Craig, the Seventh Circuit construed Federal Rule of Appellate Procedure 4(c)(1) instead of Rule 3(d) of the Rules Governing Section 2255 Proceedings. 368 F.3d at 739–40.

Thus, Douglas indicates that at a minimum, an inmate must file a sworn declaration or notarized statement as set forth in the rule to meet the initial burden of proving timely filing unless more probative evidence, such as the prison mail log, is available. Consistent with the text of the rule, a sworn declaration or notarized statement in support of timely filing under Rule 3 must (1) include a statement indicating in some fashion that postage was prepaid and (2) include the date the filing was submitted to prison officials. Courts have strictly construed the substantially identical text of Fed. R.App. P. 4(c) as requiring that both of these statements be included in the declaration or notarized statement to comply with the rule. Jenkins v. Superintendent of Laurel Highlands, 705 F.3d 80, 84 n. 2 (3d Cir.2013) ; Price v. Philpot, 420 F.3d 1158, 1166 (10th Cir.2005) ; United States v. Craig, 368 F.3d 738, 740 (7th Cir.2004).Winkles contends that Rule 3's use of the word “may” means these provisions are only suggestions.

“If an institution has a system designed for legal mail, the inmate must use that system to receive the benefit of this rule.” Id. “If the prison lacks such a system: ‘Timely filing may be shown by a declaration in compliance with 28 U.S.C. § 1746 ... which must set forth the date of deposit and state that first-class postage has been prepaid.’ ” United States v. Craig, 368 F.3d 738, 740 (7th Cir.2004) (quoting Fed. R.App. P. 4(c)(1)).

In order to receive the benefit of the prison mailbox rule, Rule 4(c) requires that an inmate use the prison's legal mail system if it has one. United States v. Craig, 368 F.3d 738, 740 (7th Cir.2004) (citing Fed. R.App. P. 4(c)(1)). If, however, “the prison lacks such a system: ‘Timely filing may be shown by a declaration in compliance with 28 U.S.C. § 1746 or by a notarized statement, either of which must set forth the date of deposit and state that first class postage has been prepaid.’ ” Id. (quoting Fed. R.App. P. 4(c)(1)).

FED. R. APP. P. 4(c)(1); United States v. Craig, 368 F.3d 738, 740 (7th Cir. 2004). To demonstrate compliance, Parrish submitted a declaration, see 28 U.S.C. § 1746, stating that he deposited his notice of appeal in the prison mail system with postage prepaid two days before the deadline.

In order to receive the benefit of the "mailbox rule," the inmate must use the institution's legal mail system, if one exists. Id. at 644; United States v. Craig, 368 F.3d 738, 740 (7th Cir. 2004). Only if there is no such system, the inmate must provide a truthful declaration that his filing was timely.

To obtain the benefit of the prison mailbox rule, a prisoner must either demonstrate compliance with the prison's legal mail system or submit a declaration compliant with 28 U.S.C. § 1746 or a notarized statement setting forth the motion's date of deposit with prison officials and attesting that first-class postage was prepaid.United States v. Craig, 368 F.3d 738, 740 (7th Cir. 2004). See Rule 3(d) of the Rules Governing Section 2255 Proceedings for the United States District Courts; cf. Craig, 368 F.3d at 740-41 (applying the "prison mailbox rule" in the appellate context).