Bowman v. Estelle

498 F.2d 1090, 1974 U.S. App. LEXIS 7200

Opinion

PER CURIAM:

In this case, the civil rights complaint of the petitioner,¹ a state prisoner, which was treated as a petition for habeas corpus, 28 U.S.C. § 2254,² was dismissed. The appellant failed to file a timely notice of appeal and no showing of excusable neglect was made. Accordingly, this court is without jurisdiction to hear this appeal, and the appeal is dismissed.

1

. Filed pursuant to 42 U.S.C. § 1983.

2

. See Preiser v. Rodriguez, 411 U.S. 475, 93 S.Ct. 1827, 36 L.Ed.2d 439 (1973).