Willie R. West, Petitioner-appellant, v. N. Burl Cain, Warden, Dixon Correctional Institute,respondent-appellee, 771 F.2d 910 (5th Cir. 1985)

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US Court of Appeals for the Fifth Circuit - 771 F.2d 910 (5th Cir. 1985) Sept. 23, 1985

Willie R. West, pro se.

Asa A. Skinner, Asst. Dist. Atty., Leesville, La., for respondent-appellee.

Appeal from the United States District Court for the Western District of Louisiana.

Before REAVLEY, TATE and HILL, Circuit Judges.


Willie R. West, who was convicted of burglary in Louisiana court, seeks to appeal the denial of his petition for habeas corpus. The district court docketed its judgment on January 24, 1985, and West filed his notice of appeal on April 10.

A notice of appeal must be filed within thirty days after the docketing of the judgment appealed from. See Fed. R. App. P. 4(a) (1). This requirement is jurisdictional. See Gribble v. Harris, 625 F.2d 1173, 1174 (5th Cir. 1980). West had until February 23, 1985, to file his notice of appeal. Because he did not do so until April 10, his appeal is untimely and is DISMISSED.