Unpublished Dispositionjames E. Siebert, Petitioner-appellant v. Theodore Kohler, Respondent-appellee, 793 F.2d 1293 (6th Cir. 1986)

APPEAL DISMISSED

E.D. Mich.

ORDER

This matter is before the Court for consideration of appellant's application for a certificate of probable cause in an appeal from a denial of his petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254.

A review of the record indicates that the appeal must be dismissed as untimely filed. Rule 4(a) (1), Federal Rules of Appellate Procedure, specifies that a notice of appeal must be filed within thirty days of the district court's entry of judgment. In this case the district court entered judgment denying appellant's petition for a writ of habeas corpus on January 22, 1985. Appellant, however, did not file a notice of appeal from that judgment until January 6, 1986, nearly one year later. As a result appellant failed to bring his appeal within the time limitations contained in Rule 4(a) (1), Federal Rules of Appellate-Procedure.

It is ORDERED that the appeal be and is hereby dismissed.