James E. Brooks v. Robert G. Britton, Commissioner, J. O. Davis, Warden, and Willie Johnson, Deputy Warden

GODBOLD, Chief Judge:

Judgment dismissing appellant’s pro se § 1983 suit that alleged a beating while incarcerated was entered April 27, 1981. Notice of appeal was filed June 2, 1981, 37 days later. On June 9, 1981, the district court entered an order allowing appellant to appeal in forma pauperis. See FRAP 24(a).

The notice of appeal in a civil suit is required to be filed within 30 days of the entry of judgment. FRAP 4(a)(1). Relief from an untimely filing may be had in the district court by an extension of time upon a showing of excusable neglect or good cause. FRAP 4(a)(5). Here there was…