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446 F.2d 1398

Docket No. 71-2175

Dunn v. Henderson

Fifth Circuit Court of Appeals

Decided Aug. 19, 1971.

Fifth Circuit Court of Appeals · decided 1971-08-19

Cited by 6 later decisions — most recently July 1974

6 federal appellate ·

2 counsel of record

Relies on Isbell Enterprises, Inc. v. Citizens Casualty Co. of New York · Louisville & Nashville Railroad v. United States · Allen v. Wainwright

Good law ✅— No negative treatment on recordhow we know

Opinion by (per_curiam) · Decided 1971-08-19

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¶1Summary Calendar.*

¶2James Dunn, pro se.

¶3Jack P. F. Gremillion, Atty. Gen. of La., Baton Rouge, La., for respondent-appellee.

¶4Before, BELL, AINSWORTH and GODBOLD, Circuit Judges.

¶6PER CURIAM:

¶7Dunn appeals the district court’s denial of his petition for habeas corpus, 312 F.Supp. 1370. Although the court’s order was entered on May 15, 1970, the appellant did not file a notice of appeal or any document which might reasonably be construed as such until the March 3, 1971 filing of his motion for a certificate of probable cause. The motion was granted on the same date by the district court.

¶8Since the appellant failed to file a notice of appeal until almost eight months beyond the maximum extended time period provided in Rule 4(a), F.R. A.P., the district court had no authority to issue a certificate of probable cause. This Court therefore has no jurisdiction to adjudicate the appeal. Bean v. Wainwright, 5th Cir. 1971, 437 F.2d 112; 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.

¶9Appeal dismissed.

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