Charles Edward Wilburn v. W. J. Estelle, Jr., Director, Texas Department of Corrections

Fifth Circuit

Charles Edward Wilburn v. W. J. Estelle, Jr., Director, Texas Department of Corrections

569 F.2d 987, 1978 U.S. App. LEXIS 12114

Court of Appeals for the Fifth Circuit·Decided March 17, 1978·No. 76-4419·Published

Opinion

*988 PER CURIAM:

Wilburn filed his notice of appeal from a District Court judgment dismissing his ha-beas corpus petition nineteen days past the thirty-day time period allowed for filing appeals. Rule 4(a), F.R.A.P. We remanded to determine if there was excusable neglect for the delay. 560 F.2d 1022. Although on order to show cause petitioner was given an opportunity to show excusable neglect for the delay, he filed nothing. In this posture the District Court found none. Accordingly, this appeal is dismissed for want of jurisdiction. Bowman v. Estelle, 5 Cir., 1974, 498 F.2d 1090.

DISMISSED.

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*988 PER CURIAM:

Wilburn filed his notice of appeal from a District Court judgment dismissing his ha-beas corpus petition nineteen days past the thirty-day time period allowed for filing appeals. Rule 4(a), F.R.A.P. We remanded to determine if there was excusable neglect for the delay. 560 F.2d 1022. Although on order to show cause petitioner was given an opportunity to show excusable neglect for the delay, he filed nothing. In this posture the District Court found none. Accordingly, this appeal is dismissed for want of jurisdiction. Bowman v. Estelle, 5 Cir., 1974, 498 F.2d 1090.

DISMISSED.

Charles Edward Wilburn v. W. J. Estelle, Jr., Director, Texas Department of Corrections, 569 F.2d 987, 1978 U.S. App. LEXIS 12114 (5th Cir. 1978).

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569 F.2d 987 (Charles Edward Wilburn v. W. J. Estelle, Jr., Director, Texas Department of Corrections) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

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