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RAMSEUR v. BEYER

No. 90-5449.

921 F.2d 504 (1990)

Thomas C. RAMSEUR, Appellant, v. Howard C. BEYER; and the Attorney General of the State of New Jersey, Appellees.

United States Court of Appeals, Third Circuit.

Decided December 28, 1990.

Attorney(s) appearing for the Case

Wilfredo Caraballo, Matthew Astore, Office of the Public Defender, Advocate, East Orange, N.J., for appellant.

Hilary L. Brunell, Office of Essex County Prosecutor, Newark, N.J., for appellees — Howard C. Beyer and Atty. Gen., State of N.J.

Before BECKER, NYGAARD, Circuit Judges, and POLLAK, District Judge

Submitted Under Third Circuit Rule 12(6) November 26, 1990.

OPINION OF THE COURT

BECKER, Circuit Judge.

Thomas C. Ramseur appeals from the district court's order denying his ex parte motion to extend the time for filing a notice of appeal pursuant to Fed.R.App.P. 4(a)(5). Because we find that the district court abused its discretion in denying Ramseur's motion, we will reverse.

I.

This is a habeas corpus action, 28 U.S.C...

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