Legal Opinion
Anthony Ray Archer v. James A. Lynaugh, Interim Director, Texas Department of Corrections
Court of Appeals for the Fifth Circuit
Decided July 16, 1987No. 86-2944PublishedCited by 10 opinions
1Opinion of the Court
ALYIN B. RUBIN, Circuit Judge:
The strict provisions of Federal Rule of Appellate Procedure 4(a)(1), which requires that a notice of appeal in a civil action be filed within thirty days of judgment and has been interpreted as jurisdictional, and Rule 4(a)(4), under which certain post-judgment motions nullify a notice of appeal, preclude our forgiveness on equitable grounds of a belated appeal by a pro se habeas corpus petitioner who failed to act timely because he did not understand these complicated procedural rules. We suggest, however, that, in the future, district courts take steps to…
2Cases cited10 opinions
- Harcon Barge Co. v. D & G Boat Rentals, Inc.Court of Appeals for the Fifth Circuit · 1986
- Robbins v. MaggioCourt of Appeals for the Fifth Circuit · 1985
- Dura-Wood Treating Company, Division of Roy O. Martin Lumber Company v. Century Forest Industries, Inc.Court of Appeals for the Fifth Circuit · 1982
- Rufus Averhart v. Jose Arrendondo, Sheriff, Captain Jandury, and Officer Woodke, DefendantsCourt of Appeals for the Seventh Circuit · 1985
- Vernell Nelson v. Charles C. Foti, Jr., Sheriff, and Attorney General, State of Louisiana, William J. Guste, Jr.Court of Appeals for the Fifth Circuit · 1983
5 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Rivera v. PNS Stores, Inc.Court of Appeals for the Fifth Circuit · 2011
- Clifford Craig v. James A. Lynaugh, Director, Texas Department of CorrectionsCourt of Appeals for the Fifth Circuit · 1988
- Belfont Sales Corp. v. United StatesUnited States Court of International Trade · 1988
- In the Matter of American Precision Vibrator Company, Debtor. American Precision Vibrator Company v. National Air Vibrator Co.Court of Appeals for the Fifth Circuit · 1989
- James F.P. Ross and Janet Yvonne Ross v. Global Marine, Inc. And Global Marine Drilling CompanyCourt of Appeals for the Fifth Circuit · 1988
5 more not listed; retrieve them via the Exa API.