Charles Edward Wilburn v. W. J. Estelle, Jr., Director, Texas Department of Corrections
U.S. Court of Appeals for the Fifth Circuit
Charles Edward Wilburn v. W. J. Estelle, Jr., Director, Texas Department of Corrections, 569 F.2d 987 (5th Cir. 1978)
1978 U.S. App. LEXIS 12114
Charles Edward Wilburn v. W. J. Estelle, Jr., Director, Texas Department of Corrections
Opinion
Wilburn filed his notice of appeal from a District Court judgment dismissing his ha-beas corpus petition nineteen days past the thirty-day time period allowed for filing appeals. Rule 4(a), F.R.A.P. We remanded to determine if there was excusable neglect for the delay. 560 F.2d 1022. Although on order to show cause petitioner was given an opportunity to show excusable neglect for the delay, he filed nothing. In this posture the District Court found none. Accordingly, this appeal is dismissed for want of jurisdiction. Bowman v. Estelle, 5 Cir., 1974, 498 F.2d 1090.
DISMISSED.
Reference
- Full Case Name
- Charles Edward WILBURN, Petitioner-Appellant, v. W. J. ESTELLE, Jr., Director, Texas Department of Corrections, Respondent-Appellee
- Status
- Published