Dunn v. Henderson, 71-2175 Summary Calendar.
| Decision Date | 19 August 1971 |
| Docket Number | No. 71-2175 Summary Calendar.,71-2175 Summary Calendar. |
| Citation | 446 F.2d 1398 |
| Parties | James H. DUNN, Petitioner-Appellant, v. C. Murray HENDERSON, Warden, Louisiana State Penitentiary, Respondent-Appellee. |
| Court | U.S. Court of Appeals — Fifth Circuit |
James Dunn, pro se.
Jack P. F. Gremillion, Atty. Gen. of La., Baton Rouge, La., for respondent-appellee.
Before, BELL, AINSWORTH and GODBOLD, Circuit Judges.
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 a certificate of probable cause. This Court therefore has no jurisdiction to adjudicate the appeal. Bean v. Wainwright, 5th Cir. 1971, 437 F.2d 112; 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 dismissed.
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Edwards v. State of Louisiana
...the merits of that adjudication. E. g., Rubin v. United States, supra; Jackson v. Decker, 451 F.2d 348 (5th Cir. 1971); Dunn v. Henderson, 446 F.2d 1398 (5th Cir. 1971). Since the March 30 order is beyond the power of this court, our review is limited to consideration of the November 5 orde......
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Tribbitt v. Wainwright
...be extended an additional 30 days upon a showing of excusable neglect. Jackson v. Decker, 5th Cir. 1971, 451 F.2d 348; Dunn v. Henderson, 5th Cir. 1971, 446 F.2d 1398; Gann v. Smith, 5 Cir. 1971, 443 F.2d 352; Bean v. Wainwright, 5th Cir. 1971, 437 F.2d 112. Even construing appellant's moti......
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Johnson v. United States, 72-3669 Summary Calendar.
...jurisdiction to entertain Johnson's appeal, and it must be dismissed. Tribbitt v. Wainwright, 5 Cir. 1972, 462 F.2d 600; Dunn v. Henderson, 5 Cir. 1971, 446 F.2d 1398; Bean v. Wainwright, 5 Cir. 1971, 437 F.2d Appeal dismissed. * Rule 18, 5 Cir.; see Isbell Enterprises, Inc. v. Citizens Cas......
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Rubin v. United States, 73-2796. Summary Calendar.
...filed until June 18, 1973, some four months later. Accordingly this appeal is dismissed for lack of jurisdiction. See, Dunn v. Henderson, 446 F.2d 1398 (5th Cir. 1971); Jackson v. Decker, 451 F.2d 348 (5th Cir. Dismissed. * Rule 18, 5th Cir.; see Isbell Enterprises, Inc. v. Citizens Casualt......