Jesus Robert Felix v. Harold J. Cardwell, Warden, Arizona State Prison

In 1972 an Arizona jury convicted Felix of the offense of depositing or exploding an explosive on, in, or near a populated building (Ariz. Rev.Stat.Ann. § 13-922), and the court sentenced him to prison. He appealed unsuccessfully and then sought a writ of habeas corpus under 28 U.S.C. § 2254. The District Court denied the writ.

On September 8, 1975, a judgment was filed and entered dismissing Felix’s petition. Thirty days thereafter, on October 8th, Felix had not filed a notice of appeal. See Fed.R.App.P. 4(a). On November 7th, thirty more days had elapsed, and even at that late date, Felix…