U.S. Court of Appeals for the Fifth Circuit, 1974

Bowman v. Estelle

U.S. Court of Appeals for the Fifth Circuit · Decided August 15, 1974 · Clark, Gewin, Godbold

498 F.2d 1090; 1974 U.S. App. LEXIS 7200 (Federal Reporter, Second Series)

Opinion of the Court

PER CURIAM:

In this case, the civil rights complaint of the petitioner,1 a state prisoner, which was treated as a petition for habeas corpus, 28 U.S.C. § 2254,2 was dismissed. The appellant failed to file a timely notice of appeal and no showing of excusable neglect was made. Accordingly, this court is without jurisdiction to hear this appeal, and the appeal is dismissed.

. Filed pursuant to 42 U.S.C. § 1983.

. See Preiser v. Rodriguez, 411 U.S. 475, 93 S.Ct. 1827, 36 L.Ed.2d 439 (1973).

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