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WILBURN v. ESTELLE

No. 76-4419 Summary Calendar.

569 F.2d 987 (1978)

Charles Edward WILBURN, Petitioner-Appellant, v. W. J. ESTELLE, Jr., Director, Texas Department of Corrections, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

March 17, 1978.

Attorney(s) appearing for the Case

Bill Schirmeyer, Staff Counsel for Inmates, Huntsville, Tex., for petitioner-appellant.

John L. Hill, Atty. Gen., Austin, Tex., Joe B. Dibrell, Asst. Atty. Gen., Chief Enforcement Div., Douglas M. Becker, Asst. Atty. Gen., David M. Kendall, First Asst. Atty. Gen., Austin, Tex., for respondent-appellee.

Before BROWN, Chief Judge, RONEY and HILL, Circuit Judges.

PER CURIAM:

Wilburn filed his notice of appeal from a District Court judgment dismissing his habeas corpus petition nineteen days past the thirty-day time period allowed for filing appeals. Rule 4(a), F.R.A.P. We remanded to determine if there was excusable neglect for the delay. 560 F.2d 1022. Although on order to show cause petitioner was given an opportunity to show excusable neglect for the delay, he filed nothing. In...

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