Legal Opinion
Willie Lee Johnson, Alias Will Johnson, No. 18914-149 v. United States
Court of Appeals for the Fifth Circuit
Decided March 23, 1973No. 72-3669Published
1Per curiam
Willie Lee Johnson appeals from the district court’s denial of his motion under 28 U.S.C. § 2255 to vacate his conviction and sentence. We dismiss the appeal as not timely filed.
On July 24, 1972, the district court denied Johnson’s motion for relief under § 2255. The appellant did not file a notice of appeal or similar document until October 24, 1972, when this Court received his “petition of appeal.” This petition was later filed in the district court on November 3, 1972, as a notice of appeal. The appeal proceeded forthwith without further authorization. See Rule 24(a), F.R.A.P.
Rule 4(a),…
2Cases cited3 opinions
- Sylvester Tribbitt v. Louie L. WainwrightCourt of Appeals for the Fifth Circuit · 1972
- 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