TaiLexi AI U.S. Case Law

Hardy Jackson v. Sheriff Bill Decker

Hardy JACKSON, Petitioner-Appellant, v. Sheriff Bill DECKER, Respondent-Appellee

Hardy Jackson v. Bill Decker, 451 F.2d 348 (5th Cir. 1971)
Download
Format
Include

Star paging (*137) is kept for pin cites.

Court
Court of Appeals for the Fifth Circuit · U.S. Courts of Appeals
Decided
November 19, 1971
Docket
No. 71-2442
Judges
Wisdom, Coleman, Simpson
Citations
451 F.2d 3481971 U.S. App. LEXIS 7004

Opinion — Per Curiam

PER CURIAM:

This matter comes to us from the district court’s denial of habeas corpus relief to the appellant, a prisoner of the State of Texas. The appeal must be dismissed for want of jurisdiction.

The district court entered a memorandum order denying the appellant’s petition for habeas corpus on October 9, 1970. However, it was not until his motion for certificate of probable cause was received on January 22, 1971 that the court below was given any indication that the appellant desired to appeal that court’s adverse judgment.

Rule 4(a), F.R.A.P., requires that notice of appeal must be filed in the district court within 30 days from the date of entry of the judgment or order sought to be appealed. This time period may be extended an additional 30 days “upon a showing of excusable neglect.”

Since the record in this case clearly shows that the appellant filed no notice of appeal, nor any document which might reasonably be construed as such until some 45 days beyond the maximum extended time period set forth in Rule 4 (a), this Court has no jurisdiction to entertain the appeal. Dunn v. Henderson, 5th Cir. 1971, 446 F.2d 1398 ; Gann v. Smith, 5th Cir. 1971, 443 F.2d 352 ; Bean v. Wainwright, 5th Cir. 1971, 437 F.2d 112 . We therefore dismiss this appeal without prejudice to the appellant’s right to refile his habeas petition in the district court to obtain a final order from which he may prosecute a timely appeal. See Sanders v. United States, 1963, 373 U.S. 1 , 83 S.Ct. 1068 , 10 L.Ed.2d 148 .

Appeal dismissed.

How later courts describe this case

Explanatory parentheticals written by citing courts — 1 in all; the most informative distinct ones are shown.

Cited by 11 cases

View all citing references →
1972: 21973: 11974: 31975: 11977: 11982: 11995: 12016: 119722026peak 1974 · 3

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 4

DepthCaseCited by
Sanders v. United States, 373 U.S. 1 (1963) 2,200
Bean v. Wainwright, 437 F.2d 112 (5th Cir. 1971) 5
Gann v. W. D. Smith, Jr., No. 71-1201 Summary Calendar. (1) Rule 18, 5th Cir, 443 F.2d 352 (5th Cir. 1971) 4
James H. Dunn v. C. Murray Henderson, Warden, La. State Penitentiary - No. 71-2175 Summary Calendar. (1) Rule 18, 5 Cir., Isbell Enters., Inc. v. Citizens Cas. Co. of N.Y., 5 Cir. 1970, 431 F.2d 409, Part I, 446 F.2d 1398 (5th Cir. 1971) 4

Keyboard shortcuts

/Focus the search box
j kNext / previous result
EnterOpen the selected result
xAdd / remove the selected result from the download list
n pNext / previous search term in a case
cCopy the citation of the current case
+ −Larger / smaller reading text
?Show this list