PORCHIA v. NORRIS

No. 01-1981.

251 F.3d 1196 (2001)

Michael Montez PORCHIA, Appellant, v. Larry NORRIS, Director, Arkansas Department of Correction, Appellee.

United States Court of Appeals, Eighth Circuit.

Filed: May 24, 2001.


BYE, Circuit Judge.

Michael Porchia, a state prisoner, may—or may not—have timely filed a notice of appeal. He bears the burden of demonstrating timeliness and the only evidence in the record suggests that his appeal was filed six days late. Moreover, Porchia has not shown that he is entitled to benefit from the prisoner mailbox rule, Fed.R.App.P. 4(c)(1), which deems an appeal filed with prison officials to be filed with the clerk. We therefore dismiss...

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