Andrew W. Pettibone v. Hoyt C. Cupp, Warden of Oregon State Penitentiary, and James A. Redden, Attorney General of the State of Oregon

Appellant is a prisoner at the Oregon state prison at Salem, Oregon. He seeks to appeal the dismissal by the district court of his application for a writ of habeas corpus. We do not reach the merits of his appeal as we hold that we have no appellate jurisdiction.

The judgment dismissing appellant’s petition was filed and entered on January 5, 1981. The judgment meets the requirements of Rule 58 F.R.Civ.P., and the record indicates that there was no irregularity in serving the judgment on the parties, as required by Rule 77(d), F.R.Civ.P. On Friday, February 6, 1981, the district court received several documents from the appellant. They included a notice of appeal, a motion to proceed in forma pauperis and the supporting Criminal Justice Act affidavit of poverty, a motion for appointment of counsel, and a petition for a certificate of probable cause. Each of the documents was dated February 4, 1981. The district court granted the certificate of probable cause, an attorney was subsequently appointed, and the appeal proceeded in forma pauperis.

A habeas corpus action is considered a “civil” matter and thus subject to the time requirements set down in Rule 4(a), F.R.A.P. In a civil…