RYALS v. ESTELLE

No. 81-1217. Summary Calendar.

661 F.2d 904 (1981)

Roger Dale RYALS, Petitioner-Appellant, v. W. J. ESTELLE, Director, Texas Department of Corrections, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

November 18, 1981.


Attorney(s) appearing for the Case

Roger Dale Ryals, pro se.

Douglas M. Becker, Charles A. Palmer, Asst. Attys. Gen., Austin, Tex., for respondent-appellee.

Before GEE, GARZA and TATE, Circuit Judges.


PER CURIAM:

Appellant, Roger Ryals, is currently serving life imprisonment for theft and unauthorized use of a motor vehicle; two prior convictions were used for enhancement. The instant pro se appeal stems from the district court's denial of his application for writ of habeas corpus. Because the notice of appeal was not timely filed, and because such filing is a necessary prerequisite for appellate review, this appeal must be dismissed.

On appeal,...

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