Willie R. West v. N. Burl Cain, Warden, Dixon Correctional Institute
This text of 771 F.2d 910 (Willie R. West v. N. Burl Cain, Warden, Dixon Correctional Institute) 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
Willie R. West, who was convicted of burglary in Louisiana court, seeks to appeal the denial of his petition for habeas corpus. The district court docketed its judgment on January 24, 1985, and West filed his notice of appeal on April 10.
A notice of appeal must be filed within thirty days after the docketing of the judgment appealed from. See Fed.R. App.P. 4(a)(1). This requirement is jurisdictional. See Gribble v. Harris, 625 F.2d 1173, 1174 (5th Cir.1980). West had until February 23, 1985, to file his notice of appeal. Because he did not do so until April 10, his appeal is untimely and is DISMISSED.
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Cite This Page — Counsel Stack
771 F.2d 910, 1985 U.S. App. LEXIS 23243, Counsel Stack Legal Research, https://law.counselstack.com/opinion/willie-r-west-v-n-burl-cain-warden-dixon-correctional-institute-ca5-1985.