Kenneth G. Thompson, Jr. v. Robert E. Montgomery

BY THE COURT:

On June 8,1988, this Court dismissed the appeal in this pro se prisoner civil rights suit because the notice of appeal was not filed within the time prescribed by Fed.R. App.P. 4(a)(1). On June 24,1988, the appellant filed a petition for rehearing alleging that he had placed his notice of appeal in the prison mail box on February 28, 1988, in time to reach the district court by March 2, 1988, the last day for filing a timely notice of appeal. The jurisprudence of this Court, up to that date, would have compelled a denial of the rehearing. See Sanchez v. Board of Regents of Texas…