Melvin Gann v. W. D. Smith, Jr.

In addition to defending an appeal from the grant of a writ of habeas corpus on the merits, D.C., 318 F.Supp. 409, the petitioner-appellee moves this court to dismiss the appeal on the grounds that the trial court erroneously extended the time to file a notice of appeal in this case. We agree that no showing which would support excusable neglect was made and that the appeal should be dismissed.

The undisputed facts disclose that during the normal 30-day period of time for notice of appeal from the grant of the writ of habeas corpus provided in FRAP 4(a), the Attorney General of the State of…