Ingram v. Jones

BAUER, Circuit Judge.

Prisoners Edward Ingram and Malcolm Rush appeal their respective district courts’ decisions denying their petitions for writs of habeas corpus. 1 Both Ingram and Rush filed their notices of appeal more than 30 days after their judgments. In this consolidated appeal, we asked the parties to address appellate jurisdiction in light of Fed. R.App. P. 4(c)(l)’s language that an inmate’s notice of appeal “is timely if it is deposited in the institution’s internal mail system on or before the last day for filing,” although both Ingram and Rush admittedly failed to affix…