PETTIBONE v. CUPP

No. 81-3103.

666 F.2d 333 (1981)

Andrew W. PETTIBONE, Petitioner-Appellant, v. Hoyt C. CUPP, Warden of Oregon State Penitentiary, and James A. Redden, Attorney General of the State of Oregon, Respondents-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided December 7, 1981.


Attorney(s) appearing for the Case

Phillip Margolin, Portland, Or., for petitioner-appellant.

Richard David Wasserman, Salem, Or., for respondents-appellees.

Before BROWNING, Chief Judge, and CHAMBERS and GOODWIN, Circuit Judges.


CHAMBERS, Circuit Judge:

Appellant is a prisoner at the Oregon state prison at Salem, Oregon. He seeks to appeal the dismissal by the district court of his application for a writ of habeas corpus. We do not reach the merits of his appeal as we hold that we have no appellate jurisdiction.

The judgment dismissing appellant's petition was filed and entered on January 5, 1981. The judgment meets the requirements of Rule 58 F.R.Civ.P., and the record indicates...

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