ARCHER v. LYNAUGH

No. 86-2944.

821 F.2d 1094 (1987)

Anthony Ray ARCHER, Petitioner-Appellant, v. James A. LYNAUGH, Interim Director, Texas Department of Corrections, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

July 16, 1987.


Attorney(s) appearing for the Case

Anthony Ray Archer, pro se.

Jim Mattox, Atty. Gen., Margaret Portman Griffey, Asst. Atty. Gen., Austin, Tex., for respondent-appellee.

Before RUBIN, RANDALL and HIGGINBOTHAM, Circuit Judges.


ALVIN B. RUBIN, Circuit Judge:

The strict provisions of Federal Rule of Appellate Procedure 4(a)(1), which requires that a notice of appeal in a civil action be filed within thirty days of judgment and has been interpreted as jurisdictional, and Rule 4(a)(4), under which certain post-judgment motions nullify a notice of appeal, preclude our forgiveness on equitable grounds of a belated appeal by a pro se habeas corpus petitioner who failed to act timely because he...

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