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HENRY v. ESTELLE

No. 81-1451. Summary Calendar.

688 F.2d 407 (1982)

McKinney Joe HENRY, Petitioner-Appellant, v. W. J. ESTELLE, Director, Texas Department of Corrections, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

October 7, 1982.

Attorney(s) appearing for the Case

McKinney Joe Henry, pro se.

Joe Foy, Jr., Asst. Atty. Gen., Austin, Tex., for respondent-appellee.

Before RUBIN, JOHNSON and GARWOOD, Circuit Judges.

GARWOOD, Circuit Judge:

Petitioner Henry appeals from the district court's denial of his petition for habeas corpus. The district court entered judgment on July 9, 1981. Petitioner's notice of appeal and request for certificate of probable cause were filed on August 14, 1981, which was outside the 30-day time limitation of Fed.R.App.P. 4(a)(1). Petitioner filed no motion to excuse the delay under Fed.R.App.P. 4(a)(5). Therefore, this Court is without jurisdiction...

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