Allen v. Wainwright, 24878.

Decision Date02 November 1967
Docket NumberNo. 24878.,24878.
Citation384 F.2d 745
PartiesHeman Lee ALLEN, Appellant, v. Louie L. WAINWRIGHT, Director, Division of Corrections, State of Florida, Appellee.
CourtU.S. Court of Appeals — Fifth Circuit

Heman Lee Allen, pro se.

Earl Faircloth, Atty. Gen., Wallace E. Allbritton, Asst. Atty. Gen., Tallhassee, Fla., for appellee.

Before JONES and GODBOLD, Circuit Judges, and SCOTT, District Judge.

PER CURIAM:

Allen has attempted to appeal from an order of the District Court for the Middle District of Florida denying his petition for a writ of habeas corpus. No notice of appeal or other document which can be considered as a notice of appeal has been filed in the district court or in this Court within the time required to confer jurisdiction for consideration of the appeal. Since the Court is without jurisdiction, it follows that the appeal must be and is

Dismissed.

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5 cases
  • Lawrence v. Wainwright
    • United States
    • U.S. Court of Appeals — Fifth Circuit
    • April 6, 1970
    ...This appeal, filed sixty three days after the denial of the petition for writ of habeas corpus, is dismissed.1 See Allen v. Wainwright, 5 Cir., 1967, 384 F.2d 745. There is no showing that the failure to file the notice of appeal within the extended time period of 30 days provided under Rul......
  • Dunn v. Henderson, 71-2175 Summary Calendar.
    • United States
    • U.S. Court of Appeals — Fifth Circuit
    • August 19, 1971
    ...Lawrence v. Wainwright, 5th Cir. 1969, 419 F.2d 1326, cert. denied 1970, 397 U.S. 1029, 90 S.Ct. 1281, 25 L.Ed.2d 542; Allen v. Wainwright, 5th Cir. 1967, 384 F.2d 745. Appeal * Rule 18, 5 Cir., Isbell Enterprises, Inc. v. Citizens Casualty Company of New York et al., 5 Cir. 1970, 431 F.2d ......
  • McDaniel v. Wainwright, 26597.
    • United States
    • U.S. Court of Appeals — Fifth Circuit
    • December 18, 1968
    ...jurisdiction to enter that order, and this court has no jurisdiction of the appeal. Rules 4(a), 26(b), F.R.App.P.; Allen v. Wainwright, 384 F.2d 745, (5th Cir. 1967); Kapsalis v. Wilson, 380 F.2d 365 (9th Cir. 1967), cert. denied 389 U.S. 878, 88 S.Ct. 180, 19 L.Ed.2d 168 The appellee's mot......
  • Bean v. Wainwright
    • United States
    • U.S. Court of Appeals — Fifth Circuit
    • February 4, 1971
    ...Lawrence v. Wainwright, 5th Cir. 1969, 419 F.2d 1326, cert. denied 1970, 397 U.S. 1029, 90 S.Ct. 1281, 25 L.Ed.2d 542; Allen v. Wainwright, 5th Cir. 1967, 384 F.2d 745. Appeal ...
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