Heaney v. Friel, Warden

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Heaney v. Friel, Warden, Case No. 20010522-CA, Filed October 4, 2001 IN THE UTAH COURT OF APPEALS

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Anthony Dion Heaney,
Petitioner and Appellant,

v.

Clint Friel, Warden, et al.,
Respondents and Appellees.

MEMORANDUM DECISION
(Not For Official Publication)

Case No. 20010522-CA

F I L E D
October 4, 2001 2001 UT App 289 -----

Third District, Salt Lake Department
The Honorable Frank G. Noel

Attorneys:
Anthony Dion Heaney, Draper, Appellant Pro Se

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Before Judges Bench, Orme, and Thorne.

PER CURIAM:

Appellant, Anthony Heaney, appeals from an order denying a petition filed by Heaney in which he claims he was wrongly transferred to Utah from Montana pursuant to the Interstate Corrections Compact, Article XI. This case is before the court on a sua sponte motion for summary dismissal because the appeal is untimely. See Utah R. App. P. 4(a).

A notice of appeal must be filed within thirty days of entry of the final appealable order. See Utah R. App. P. 4(a). The order Heaney seeks to appeal was entered on April 27, 2001, but Heaney's notice of appeal was not filed until June 5, 2001. Thus, Heaney's notice of appeal was untimely and this court lacks jurisdiction.

The appeal is dismissed for lack of jurisdiction.
 
 

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Russell W. Bench, Judge
 
 

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Gregory K. Orme, Judge
 
 

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William A. Thorne, Jr., Judge