BARKSDALE v. BLACKBURN

No. 80-3782 Summary Calendar.

647 F.2d 630 (1981)

Woodrow BARKSDALE, II, Petitioner-Appellant, v. Frank BLACKBURN, Warden, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit. Unit A.

Rehearing Denied June 29, 1981.


Attorney(s) appearing for the Case

Woodrow Barksdale, II, pro se.

Wm. J. Guste, Jr., Atty. Gen., Baton Rouge, La., J. Kevin McNary, Asst. Dist. Atty., New Orleans, La., for respondent-appellee.

Before GEE, RUBIN and RANDALL, Circuit Judges.


PER CURIAM:

A Louisiana prisoner serving an eight-year sentence in the state penitentiary at Angola for simple burglary enhanced by two prior felony convictions seeks habeas corpus. Because the notice of appeal was not timely filed, and because such filing is indispensable to our exercise of jurisdiction, we must dismiss the appeal.

The district court's order dismissing the habeas petition was filed August 8, 1980. The notice of appeal was mailed on September...

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