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BROWDER v. DIRECTOR, ILL. DEPT. OF CORRECTIONS

No. 76-5325.

434 U.S. 257 (1978)

BROWDER v. DIRECTOR, DEPARTMENT OF CORRECTIONS OF ILLINOIS.

Supreme Court of United States.

Decided January 10, 1978.

Attorney(s) appearing for the Case

Kenneth N. Flaxman argued the cause for petitioner. With him on the briefs were John M. Kalnins, Thomas R. Meites, and Frederick H. Weisberg.

Raymond McKoski, Assistant Attorney General of Illinois, argued the cause for respondent. With him on the brief were William J. Scott, Attorney General, and Donald B. Mackay and Melbourne A. Noel, Jr., Assistant Attorneys General.*

MR. JUSTICE POWELL delivered the opinion of the Court

This case requires us to decide whether the Court of Appeals lacked jurisdiction to review an order directing petitioner's discharge from respondent's custody because respondent's appeal was untimely. In order to resolve this question, we must consider the applicability of Federal Rules of Civil Procedure 52 (b) and 59 in habeas corpus proceedings. Because we conclude that the Court of Appeals lacked jurisdiction...

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