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HOLLEY v. CAPPS

No. 72-2572.

468 F.2d 1366 (1972)

George HOLLEY, Petitioner-Appellant, v. Walter CAPPS, Warden, Atmore State Prison, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

Appeal Dismissed March 14, 1973.

Attorney(s) appearing for the Case

George Holley, pro se.

William Baxley, Atty. Gen., Joseph G. L. Marston, III, Asst. Atty. Gen., Montgomery, Ala., for respondent-appellee.

Before GEWIN, AINSWORTH and SIMPSON, Circuit Judges.

PER CURIAM:

The petitioner-appellant George Holley appeals from the denial of his petition for habeas corpus by the trial court. The preliminary question of the timeliness of his appeal is presented in view of the provisions of Rule 4(a) of the Federal Rules of Appellate Procedure which require notice of appeal to be filed with the Clerk of the District Court within thirty days of the entry of the district court's order...

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