MALONE v. AVENENTI

No. 86-15011.

850 F.2d 569 (1988)

Timothy MALONE, Petitioner-Appellant, v. John AVENENTI, Warden; Robert Corbin, Attorney General, Respondents-Appellees.

United States Court of Appeals, Ninth Circuit.

Submission Withdrawn March 1, 1988.

Resubmitted March 23, 1988.

Decided June 28, 1988.


Attorney(s) appearing for the Case

Howard A. Kashman, Tucson, Ariz., for petitioner-appellant.

Greg A. McCarthy, Asst. Atty. Gen., Dept. of Law, State of Ariz., Phoenix, Ariz., for respondents-appellees.

Before ALDISERT, WALLACE and SCHROEDER, Circuit Judges.


WALLACE, Circuit Judge:

Malone seeks to appeal the dismissal by the district court of his petition for a writ of habeas corpus. We do not reach the merits of his appeal because Malone failed to perfect his appeal under rule 4(a) of the Federal Rules of Appellate Procedure.

I

The judgment denying Malone's petition was entered on September 24, 1986. No appeal was taken within the 30-day period prescribed by rule 4(a)(1) of the Federal

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