Opinion · Court of Appeals for the Fifth Circuit
David Lawrence v. Louie L. Wainwright, Director, Division of Corrections, State of Florida
419 F.2d 1326
- Type
- Opinion
- Court
- Court of Appeals for the Fifth Circuit
- Jurisdiction
- Federal
- Date
- 1970-04-06
- Topic
- bankruptcy
PER CURIAM: This appeal, filed sixty three days after the denial of the petition for writ of habeas corpus, is dismissed.1 See Allen v. Wainwright, 5 Cir., 1967, 384 F.2d 745. There is no showing that the failure ,to file the notice of appeal within the extended time period of 30 days provided under Rule 4(a), Federal Rules Appellate Procedure, was attributable to anyone other than appellant. We thus deem the case of Fallen v. United States, 1964, 378 U.S. 139, 84 S.Ct. 1689, 12 L.Ed.2d 760, to be inapplicable.
Citator
UpLaw has not yet analyzed David Lawrence v. Louie L. Wainwright, Director, Division of Corrections, State of Florida. The absence of a flag is not a finding that it is good law.
- Authority status
- pending
- Cited by
- 4 opinions
Paul E. Gifford, Miami, Fla. (Ct. Apptd.), for appellant.
Earl Faircloth, Atty. Gen. of Florida, Miami, Fla., Arden M. Siegendorf, Asst. Atty. Gen., Miami, Fla., for appellee.
As to appellant's right to file an additional petition for writ on the same or other grounds in the District Court, see Sanders v. United States, 1963,373 U.S. 1,83 S.Ct. 1068,10 L.Ed.2d 148.
Appeal dismissed.
- This appeal was dismissed by order of this court dated September 25, 1968. Lawrence v. Wainwright, 5 Cir., 1968,401 F.2d 177. That order was vacated on November 20, 1968. The court then ordered that the motion be carried with the case for disposition. Council was appointed to represent appellant. Lawrence v. Wainwright, 5 Cir., 1968,404 F.2d 614. ↩