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U.S. Court of Appeals for the Fifth Circuit, 1978

Charles Edward Wilburn v. W. J. Estelle, Jr., Director, Texas Department of Corrections

Charles Edward Wilburn v. W. J. Estelle, Jr., Director, Texas Department of Corrections
U.S. Court of Appeals for the Fifth Circuit · Decided March 17, 1978 · Brown, Hill, Per Curiam, Roney
569 F.2d 987; 1978 U.S. App. LEXIS 12114 (Federal Reporter, Second Series)

Charles Edward Wilburn v. W. J. Estelle, Jr., Director, Texas Department of Corrections

Opinion

*988 PER CURIAM:

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.

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