United States Seventh Circuit

In appeals from dismissals of prisoners' petitions for writs of habeas corpus involving circumstances in which both petitioners admittedly failed to affix first-class postage at the time their notices of appeal were deposited for mailing, the circuit court determines that one of their petitions was timely under Fed. R. App. P. 4(c)(1) and that it has jurisdiction to hear that appeal.

Appellate Information

• Decided 11/14/2007
• Published 11/14/2007

Judges

• BAUER, Circuit Judge., Before BAUER, MANION, and WOOD, Circuit Judges.

Court

• United States Seventh Circuit

Counsel

• For Appellant:
  
• Eugene Volokh (argued), University of California, School of Law, Los Angeles, CA, for Petitioners-Appellants., Marguerite M. Moeller (argued), Office of the Attorney General Wisconsin Department of Justice, Madison, WI, for Matthew J. Frank.


• For Appellees:
  
• Leah C. Myers (argued), Office of the Attorney General, Chicago, IL, for Respondent-Appellee.