DAVIS v. DEPARTMENT OF CORRECTIONS

No. 26820.

446 F.2d 644 (1971)

Jerald Leroy DAVIS, Petitioner-Appellant, v. DEPARTMENT OF CORRECTIONS et al., Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

July 22, 1971.


Attorney(s) appearing for the Case

Jerald Leroy Davis, in pro. per.

Jack K. Weber, Cal. Deputy Atty. Gen., Los Angeles, Cal., for appellee.

Before HAMLEY, ELY, and HUFSTEDLER, Circuit Judges.


PER CURIAM:

Appellant, a state prisoner, appeals from the dismissal of his civil rights action. He challenged the constitutionality of a part of California's parole revocation procedure pursuant to which his parole was revoked and his sentence refixed to life imprisonment.

We reject appellee's contention that appellant's appeal is untimely. Although the district court dismissed the action on April 13, 1970, judgment was not entered until July 13, 1970. Within...

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