Legal Opinion

George Holley v. Walter Capps, Warden, Atmore State Prison

Court of Appeals for the Fifth Circuit

Decided March 14, 1973No. 72-2572PublishedCited by 7 opinions

1Per curiam

The petitioner-appellant George Holley appeals from the denial of his petition for habeas corpus by the trial court. The preliminary question of the timeliness of his appeal is presented in view of the provisions of Rule 4(a) of the Federal Rules of Appellate Procedure which require notice of appeal to be filed with the Clerk of the District Court within thirty days of the entry of the district court’s order appealed from. If the appeal was not timely taken we should dismiss it without considering the merits.

We note the following dates from an examination of the record. The petition for writ…

2Cases cited2 opinions

  1. James Bryant v. Marion J. Elliott, Warden of Atmore State PrisonCourt of Appeals for the Fifth Circuit · 1972
  2. 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

3Cited by7 opinions

  1. Norman L. Birl v. W. J. Estelle, Jr., Director Texas Department of CorrectionsCourt of Appeals for the Fifth Circuit · 1981
  2. Carl H. Alley v. Dodge HotelCourt of Appeals for the D.C. Circuit · 1974
  3. Dura Systems, Inc., a Pennsylvania Business Corporation, in 89-3005 v. Rothbury Investments, Ltd., a Canadian Corporation, in 89-3023Court of Appeals for the Third Circuit · 1989
  4. Joel Rubin v. United StatesCourt of Appeals for the Fifth Circuit · 1973
  5. George Holley v. Walter Capps, Warden, Atmore State PrisonCourt of Appeals for the Fifth Circuit · 1973

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