569 F2d 987 Wilburn v. W J Estelle
569 F.2d 987
Charles Edward WILBURN, Petitioner-Appellant,
W. J. ESTELLE, Jr., Director, Texas Department of
United States Court of Appeals,
March 17, 1978.
Bill Schirmeyer, Staff Counsel for Inmates, Huntsville, Tex., for petitioner-appellant.
John L. Hill, Atty. Gen., Austin, Tex., Joe B. Dibrell, Asst. Atty. Gen., Chief Enforcement Div., Douglas M. Becker, Asst. Atty. Gen., David M. Kendall, First Asst. Atty. Gen., Austin, Tex., for respondent-appellee.
Before BROWN, Chief Judge, RONEY and HILL, Circuit Judges.
Wilburn filed his notice of appeal from a District Court judgment dismissing his habeas 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.