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PRATT v. McCARTHY

No. 87-5540.

850 F.2d 590 (1988)

Elmer Gerard PRATT, Petitioner-Appellant, v. D.J. McCARTHY, Superintendent, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

Submission Withdrawn February 18, 1988.

Resubmitted March 11, 1988.

Decided June 29, 1988.

Attorney(s) appearing for the Case

Paul N. McCloskey, Jr., Brobeck, Phleger & Harrison, Palo Alto, Cal., for petitioner-appellant.

Richard B. Cullather, State of Cal., Attorney General's Office, Los Angeles, Cal., for respondent-appellee.

Before WALLACE, BEEZER and LEAVY, Circuit Judges.

WALLACE, Circuit Judge:

The district court granted Pratt's motion, pursuant to Fed.R.App.P. 4(a), for an extension of time in which to file a notice of appeal. The district court concluded that a misunderstanding among Pratt's counsel concerning who would file the notice of appeal constituted excusable neglect for purposes of Rule 4(a)(5). Because we conclude that the district court abused its discretion in finding excusable neglect, we dismiss the appeal for lack...

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