OLDEN BEN BOWMAN, PLAINTIFF-APPELLANT,
v.
W. J. ESTELLE, JR., DIRECTOR, TEXAS DEPARTMENT OF CORRECTIONS, DEFENDANT-APPELLEE

5th Cir. | 1974-08-15
No. 74-1703
Before GEWIN, GODBOLD and CLARK, Circuit Judges.
498 F.2d 1090 Court of Appeals for the Fifth Circuit (1974) Positive Treatment
Cited by 8 cases

Opinion of the Court
PER CURIAM:

PER CURIAM:

In this case, the civil rights complaint of the petitioner,1 a state prisoner, which was treated as a petition for habeas corpus, 28 U.S.C. § 2254,2 was dismissed. The appellant failed to file a timely notice of appeal and no showing of excusable neglect was made. Accordingly, this court is without jurisdiction to hear this appeal, and the appeal is dismissed.

. Filed pursuant to 42 U.S.C. § 1983.

. See Preiser v. Rodriguez, 411 U.S. 475, 93 S.Ct. 1827, 36 L.Ed.2d 439 (1973).


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