Bean v. Wainwright

This appeal is from the district court's denial of the appellant's petition for a writ of habeas corpus. We dismiss the appeal as having been untimely instituted. By order filed April 22, 1970, the district court denied habeas relief; and on May 25, 1970, the appellant's motion for rehearing was similarly denied. The record before this Court discloses that the court below received no notice of appeal or any document which might reasonably be construed as such until the July 29, 1970 receipt of the appellant's motion for a certificate of probable cause, which was granted on August 12, 1970.