West v. Cain

United States Court of Appeals, Fifth Circuit.

Sept. 23, 1985.

2 counsel of record

Applies 28 U.S.C. § 1333

Relies on Eisenstadt v. Baker · Wilburn Boat Company v. Fireman's Fund Insurance Company · Insurance Company v. Dunham

Good law ✅— No negative treatment on recordhow we know

Opinion by Per Curiam · Decided 1985-09-23

How this case has been cited

Cited by 12 later decisions — most recently October 2002

9 federal appellate ·

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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Willie R. West, pro se.

Asa A. Skinner, Asst. Dist. Atty., Leesville, La., for respondent-appellee.

Appeal from the United States District Court for the Western District of Louisiana.

Before REAVLEY, TATE and HILL, Circuit Judges.

PER CURIAM:

¶1

Willie R. West, who was convicted of burglary in Louisiana court, seeks to appeal the denial of his petition for habeas corpus. The district court docketed its judgment on January 24, 1985, and West filed his notice of appeal on April 10.

¶2

A notice of appeal must be filed within thirty days after the docketing of the judgment appealed from. See Fed.R.App.P. 4(a)(1). This requirement is jurisdictional. See Gribble v. Harris, 625 F.2d 1173, 1174 (5th Cir.1980). West had until February 23, 1985, to file his notice of appeal. Because he did not do so until April 10, his appeal is untimely and is DISMISSED.