Nathan Bean v. Louie L. Wainwright, Director, Division of Corrections, State of Florida
Nathan BEAN, Petitioner-Appellant, v. Louie L. WAINWRIGHT, Director, Division of Corrections, State of Florida, Respondent-Appellee
Opinion
PER CURIAM:
This appeal is from the district court’s denial of the appellant’s petition for a writ of habeas corpus. We dismiss the appeal as having been untimely instituted.
By order filed April 22, 1970, the district court denied habeas relief; and on May 25, 1970, the appellant’s motion for rehearing was similarly denied. The record before this Court discloses that the court below received no notice of appeal or any document which might reasonably be construed as such until the July 29, 1970 receipt of the appellant’s motion for a certificate of probable *113 cause, which was granted on August 12, 1970.
Since the appellant did not manifest his desire to appeal until sixty-four days after the denial of his motion for rehearing, four days beyond the maximum extended time period provided in Rule 4 (a), F.R.A.P., the district court lacked jurisdiction to issue a certificate of probable cause. Thus this Court has no jurisdiction over the appeal. Lawrence v. Wainwright, 5th Cir. 1969, 419 F.2d 1326 , cert, denied 1970, 397 U.S. 1029 , 90 S.Ct. 1281 , 25 L.Ed.2d 542 ; Allen v. Wainwright, 5th Cir. 1967, 384 F.2d 745 .
Appeal dismissed.
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Cited by 5 cases
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- Hardy Jackson v. Sheriff Bill Decker
- Sylvester Tribbitt v. Louie L. Wainwright
- James H. Dunn v. C. Murray Henderson, Warden, Louisiana State Penitentiary - No. 71-2175 Summary Calendar. (1) Rule 18, 5 Cir., Isbell Enterprises, Inc. v. Citizens Casualty Company of New York, 5 Cir. 1970, 431 F.2d 409, Part I
- James H. Dunn v. C. Murray Henderson, Warden, Louisiana State Penitentiary
- Willie Lee Johnson, Alias Will Johnson, No. 18914-149 v. United States
Most recent
- Willie Lee Johnson, Alias Will Johnson, No. 18914-149 v. United States
- Sylvester Tribbitt v. Louie L. Wainwright
- Hardy Jackson v. Sheriff Bill Decker
- James H. Dunn v. C. Murray Henderson, Warden, Louisiana State Penitentiary - No. 71-2175 Summary Calendar. (1) Rule 18, 5 Cir., Isbell Enterprises, Inc. v. Citizens Casualty Company of New York, 5 Cir. 1970, 431 F.2d 409, Part I
- James H. Dunn v. C. Murray Henderson, Warden, Louisiana State Penitentiary
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