JAMES H. DUNN, PETITIONER-APPELLANT,
v.
C. MURRAY HENDERSON, WARDEN, LOUISIANA STATE PENITENTIARY, RESPONDENT-APPELLEE
JAMES H. DUNN, PETITIONER-APPELLANT,
C. MURRAY HENDERSON, WARDEN, LOUISIANA STATE PENITENTIARY, RESPONDENT-APPELLEE
446 F.2d 1398
Court of Appeals for the Fifth Circuit (1971)
Positive Treatment
Cited by 12 cases
Opinion of the Court
PER CURIAM:
Dunn appeals the district court’s denial of his petition for habeas corpus, 312 F.Supp. 1370. Although the court’s order was entered on May 15, 1970, the appellant did not file a notice of appeal or any document which might reasonably be construed as such until the March 3, 1971 filing of his motion for a certificate of probable cause. The motion was granted on the same date by the district court.
Since the appellant failed to file a notice of appeal until almost eight months beyond the maximum extended time period provided in Rule 4(a), F.R. A.P., the district court had no authority to issue a certificate of probable cause. This Court therefore has no jurisdiction to adjudicate the appeal. Bean v. Wainwright, 5th Cir. 1971, 437 F. 2d 112; Lawrence v. Wainwright, 5th Cir. 1969, 419 F. 2d 1326, cert. denied 1970, 397 U.S. 1029, 90 S.Ct. 1281, 25 L.Ed.2d 542; Allen v. Wainwright, 5th Cir. 1967, 384 F. 2d 745.
Appeal dismissed.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Hardy Jackson v. Sheriff Bill Decker, 451 F.2d 348 (5th Cir. 1971)
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Tribbitt v. Louie L. Wainwright, 462 F.2d 600 (5th Cir. 1972)
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Holley v. Capps, 468 F.2d 1366 (5th Cir. 1972)
Previewing 3 of 6 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Isbell Enters., Inc. v. Citizens Cas. Co. OF NEW York, 431 F.2d 409 (5th Cir. 1970)
- Veenkant v. Commissioner of Internal Revenue, 397 U.S. 1029 (U.S. 1970)
- Heman Lee Allen v. Louie L. Wainwright, 384 F.2d 745 (5th Cir. 1967)
- Bean v. Louie L. Wainwright, 437 F.2d 112 (5th Cir. 1971)
- Lawrence v. Louie L. Wainwright, 419 F.2d 1326 (5th Cir. 1969)