Legal Opinion
James H. Dunn v. C. Murray Henderson, Warden, Louisiana State Penitentiary
Court of Appeals for the Fifth Circuit
Decided August 19, 1971No. 71-2175PublishedCited by 1 opinion
1Per curiam
Dunn appeals the district court’s denial of his petition for habeas corpus, 312 F.Supp. 1370. Although the court’s order was entered on May 15, 1970, the appellant did not file a notice of appeal or any document which might reasonably be construed as such until the March 3, 1971 filing of his motion for a certificate of probable cause. The motion was granted on the same date by the district court.
Since the appellant failed to file a notice of appeal until almost eight months beyond the maximum extended time period provided in Rule 4(a), F.R. A.P., the district court had no authority to issue…
2Cases cited5 opinions
- Heman Lee Allen v. Louie L. Wainwright, Director, Division of Corrections, State of FloridaCourt of Appeals for the Fifth Circuit · 1967
- Nathan Bean v. Louie L. Wainwright, Director, Division of Corrections, State of FloridaCourt of Appeals for the Fifth Circuit · 1971
- O'Bryan v. BattistiSupreme Court of the United States · 1970
- David Lawrence v. Louie L. Wainwright, Director, Division of Corrections, State of FloridaCourt of Appeals for the Fifth Circuit · 1970
- Dunn v. HendersonDistrict Court, E.D. Louisiana · 1970