Dimitri Kapsalis v. Lawrence E. Wilson, Warden, California State Prison, San Quentin, California

Appellant, in penal custody of the State of California following his conviction in 1963 of first degree murder, appeals from an order of the United States District Court for the Northern District of California, Southern Division, denying his application for the writ of habeas corpus. In denying the application, the district court did not issue an order to show cause and did not hold a hearing.

Appellant was convicted after a plea of guilty (Appellant’s Brief, p. 1; Ap-pellee’s Brief, p. 2), and was sentenced to life imprisonment (Tr. 2). He was represented by counsel at his arraignment, plea of guilty and sentencing. (T.R. p. 8.)

Appellant did not appeal his conviction, but he did apply to the state courts for habeas corpus. (Tr. 5-6).

Appellant filed his application below and his briefs on appeal in pro. per., and he proceeds in forma pauperis.

Appellee’s argument that the appeal should be dismissed because of appellant’s failure to comply with the requirements of 28 U.S.C. § 2107 and Rule 73(a), Fed.R.Civ.P., is sound. Those provisions provide that notice of appeal must be filed within 30 days of the entry of the order appealed from; the district court, however, can extend…