Nathan Bean v. Louie L. Wainwright, Director, Division of Corrections, State of Florida

Fifth Circuit

Nathan Bean v. Louie L. Wainwright, Director, Division of Corrections, State of Florida

437 F.2d 112

CourtCourt of Appeals for the Fifth Circuit

DecidedFebruary 4, 1971

Docket30620_1

StatusPublished

Cited by5 cases

This text of 437 F.2d 112 (Nathan Bean v. Louie L. Wainwright, Director, Division of Corrections, State of Florida) 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.

Bluebook

Nathan Bean v. Louie L. Wainwright, Director, Division of Corrections, State of Florida, 437 F.2d 112 (5th Cir. 1971).

Pincite

Opinion

PER CURIAM:

This appeal is from the district court’s denial of the appellant’s petition for a writ of habeas corpus. We dismiss the appeal as having been untimely instituted.

By order filed April 22, 1970, the district court denied habeas relief; and on May 25, 1970, the appellant’s motion for rehearing was similarly denied. The record before this Court discloses that the court below received no notice of appeal or any document which might reasonably be construed as such until the July 29, 1970 receipt of the appellant’s motion for a certificate of probable *113 cause, which was granted on August 12, 1970.

Since the appellant did not manifest his desire to appeal until sixty-four days after the denial of his motion for rehearing, four days beyond the maximum extended time period provided in Rule 4 (a), F.R.A.P., the district court lacked jurisdiction to issue a certificate of probable cause. Thus this Court has no jurisdiction over the appeal. 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.

Free access — add to your briefcase to read the full text and ask questions with AI

PER CURIAM:

This appeal is from the district court’s denial of the appellant’s petition for a writ of habeas corpus. We dismiss the appeal as having been untimely instituted.

By order filed April 22, 1970, the district court denied habeas relief; and on May 25, 1970, the appellant’s motion for rehearing was similarly denied. The record before this Court discloses that the court below received no notice of appeal or any document which might reasonably be construed as such until the July 29, 1970 receipt of the appellant’s motion for a certificate of probable *113 cause, which was granted on August 12, 1970.

Since the appellant did not manifest his desire to appeal until sixty-four days after the denial of his motion for rehearing, four days beyond the maximum extended time period provided in Rule 4 (a), F.R.A.P., the district court lacked jurisdiction to issue a certificate of probable cause. Thus this Court has no jurisdiction over the appeal. 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.

Cite This Page — Counsel Stack

Bluebook (online)

437 F.2d 112, Counsel Stack Legal Research, https://law.counselstack.com/opinion/nathan-bean-v-louie-l-wainwright-director-division-of-corrections-ca5-1971.

Opinion

Related

Cite This Page — Counsel Stack