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)

Counsel

Olden Ben Bowman, pro se., Robert C. Flowers, Asst. Atty. Gen., Austin, Tex., for defendant-appellee.

Cases that cite this one

1 later published case cites this decision.

Charles Edward Wilburn v. W. J. Estelle, Jr., Director, Texas Department of Corrections (5th Cir. 1978)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

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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