Charles Edward Wilburn v. W. J. Estelle, Jr., Director, Texas Department of Corrections
This text of 569 F.2d 987 (Charles Edward Wilburn v. W. J. Estelle, Jr., Director, Texas Department of Corrections) is published on Counsel Stack Legal Research, covering Court of Appeals for the Fifth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
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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Cite This Page — Counsel Stack
569 F.2d 987, 1978 U.S. App. LEXIS 12114, Counsel Stack Legal Research, https://law.counselstack.com/opinion/charles-edward-wilburn-v-w-j-estelle-jr-director-texas-department-of-ca5-1978.