Woodrow Barksdale, II v. Frank Blackburn, Warden

A Louisiana prisoner serving an eight-year sentence in the state penitentiary at Angola for simple burglary enhanced by two prior felony convictions seeks habeas corpus. Because the notice of appeal was not timely filed, and because such filing is indispensable to our exercise of jurisdiction, we must dismiss the appeal.

The district court’s order dismissing the habeas petition was filed August 8, 1980. The notice of appeal was mailed on September 5, 1980, but was not received by the district court until September 9, 1980, one day after the end of the period for filing a notice of appeal under…