TULEY v. HEYD

No. 74-1506.

492 F.2d 788 (1974)

Martin Edgar TULEY, Plaintiff-Appellant, v. Louis HEYD, Jr., Criminal Sheriff, Orleans Parish, et al., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

April 1, 1974.


Attorney(s) appearing for the Case

Martin Edgar Tuley, pro se.

Emile C. Rolfs, III, Baton Rouge, La., A. W. Wambsgans, Metairie, La., for defendants-appellees.

Before COLEMAN, DYER and RONEY, Circuit Judges.


PER CURIAM:

The appellees have moved to dismiss this appeal on grounds of failure to file a timely notice of appeal. We will postpone ruling on the motion, and remand the case to permit the appellant to request the district court to extend the time for appeal on grounds of excusable neglect.

Rule 4(a), F.R.A.P., provides that notice of appeal in civil cases such as this, must be filed within 30 days of the entry of the judgment or order appealed from. The...

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