David Lawrence v. Louie L. Wainwright, Director, Division of Corrections, State of Florida

419 F.2d 1326

• Court: Court of Appeals for the Fifth Circuit
• Decided: April 6, 1970
• Docket: 26767
• Status: Published

Opinions

PER CURIAM:

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 Rule 4(a), Federal Rules Appellate Procedure, was attributable to anyone other than appellant. We thus deem the case of Fallen v. United States, 1964, 378 U.S. 139, 84 S.Ct. 1689, 12 L.Ed.2d 760, to be inapplicable.

As ,to appellant’s right to file an additional petition for writ on the same or other grounds in the District Court, see Sanders v. United States, 1963, 373 U.S. 1, 83 S.Ct. 1068, 10 L.Ed.2d 148.

Appeal dismissed.

1 . This appeal was dismissed by order of this court dated September 25, 1968. Lawrence v. Wainwright, 5 Cir., 1968, 401 F.2d 177. That order was vacated on November 20, 1968. The court then ordered that the motion be carried with the ease for disposition. Council was appointed to represent appellant. Lawrence v. Wainwright, 5 Cir., 1968, 404 F.2d 614.