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RAY v. COWLEY

No. 92-6057.

975 F.2d 1478 (1992)

Larry K. RAY, Petitioner-Appellant, v. Jack COWLEY; Attorney General of the State of Oklahoma, Respondents-Appellees.

United States Court of Appeals, Tenth Circuit.

September 24, 1992.

Attorney(s) appearing for the Case

Larry K. Ray, pro se.

Wellon B. Poe, Asst. Atty. Gen. for the State of Okl., Oklahoma City, Okl., for respondents-appellees.

Before SEYMOUR, ANDERSON and BALDOCK, Circuit Judges.

BALDOCK, Circuit Judge.

Respondents-appellees have moved to dismiss Petitioner's appeal from the denial of his pro se habeas corpus petition, 28 U.S.C. § 2254, for lack of jurisdiction. Respondents contend that we are without jurisdiction because Petitioner's notice of appeal was untimely. See 28 U.S.C. § 2107 (notice of appeal in civil case must be filed within thirty days after date of entry of judgment or order); Fed.R.App.P. 4(a)(1) (same).

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