Legal Opinion
David Lawrence v. Louie L. Wainwright, Director, Division of Corrections, State of Florida
Court of Appeals for the Fifth Circuit
Decided April 6, 1970No. 26767PublishedCited by 4 opinions
1Per curiam
This appeal, filed sixty three days after the denial of the petition for writ of habeas corpus, is dismissed.1 See Allen v. Wainwright, 5 Cir., 1967, 384 F.2d 745. There is no showing that the failure ,to file the notice of appeal within the extended time period of 30 days provided under Rule 4(a), Federal Rules Appellate Procedure, was attributable to anyone other than appellant. We thus deem the case of Fallen v. United States, 1964, 378 U.S. 139, 84 S.Ct. 1689, 12 L.Ed.2d 760, to be inapplicable.
As ,to appellant’s right to file an additional petition for writ on the same or other grounds…
2Cases cited5 opinions
- Sanders v. United StatesSupreme Court of the United States · 1963
- Fallen v. United StatesSupreme Court of the United States · 1964
- Heman Lee Allen v. Louie L. Wainwright, Director, Division of Corrections, State of FloridaCourt of Appeals for the Fifth Circuit · 1967
- David Lawrence v. Louie L. Wainwright, Director, Division of Corrections, State of FloridaCourt of Appeals for the Fifth Circuit · 1968
- David Lawrence v. Louie L. Wainwright, Director, Division of Corrections, State of FloridaCourt of Appeals for the Fifth Circuit · 1968
3Cited by4 opinions
- Nathan Bean v. Louie L. Wainwright, Director, Division of Corrections, State of FloridaCourt of Appeals for the Fifth Circuit · 1971
- James H. Dunn v. C. Murray Henderson, Warden, Louisiana State Penitentiary, Respondent- No. 71-2175 Summary Calendar. (1) Rule 18, 5 Cir., Isbell Enterprises, Inc. v. Citizens Casualty Company of New York, 5 Cir. 1970, 431 F.2d 409, Part ICourt of Appeals for the Fifth Circuit · 1971
- James H. Dunn v. C. Murray Henderson, Warden, Louisiana State PenitentiaryCourt of Appeals for the Fifth Circuit · 1971
- David Lawrence v. Louie L. Wainwright, Director, Division of Corrections, State of FloridaCourt of Appeals for the Fifth Circuit · 1970