George Holley v. Walter Capps, Warden, Atmore State Prison

The district court has responded to our memorandum-opinion dated November 14, 1972, 468 F.2d 1366, in this cause by entry of the order copied in the margin. 1 Upon the basis thereof we conclude that the appeal was not timely taken. Accordingly, the appeal herein is dismissed.

1. The district court’s order was dated February 21, 1973. Omitting formal parts it read as follows:

“The above-styled cause is before the Court on Mandate from the United States Court of Appeals for the Fifth Circuit directing this Court to make findings and conclusions as to whether the attempted appeal (by the filing of…