Roosevelt Miller v. George Sumner, Director, Nevada Department of Prisons State Attorney General of Nevada

Roosevelt Miller bribed the same police officer thirteen times, and was convicted in Nevada state court of thirteen separate counts of bribery. After exhausting his state court remedies, see Lewis v. State, 100 Nev. 456 , 686 P.2d 219 (1984) (direct appeal); Miller v. Director of Nevada Prisons, No. 17090 (Nev. Dec. 29, 1986) (appeal of denial of writ of habeas corpus), Miller filed a petition in federal district court for a writ of habeas corpus pursuant to 28 U.S. C. § 2254 (1982). His petition was denied, Miller v. Sumner, No. CV-S-87-140-PMP (D.Nev. Dec. 16, 1987), and Miller appeals.

Before we can turn to the merits of Miller’s appeal, we must determine whether or not we have jurisdiction. An appellant in a civil case must file a notice of appeal within thirty days of the entry of the order appealed from. Fed.R.App.P. 4(a)(1). This time limit is jurisdictional. Rodgers v. Watt, 722 F.2d 456, 457-58 (9th Cir.1983) (en banc). The district court entered its order denying the writ on December 16, 1987. Miller’s deadline was accordingly January 15, 1988. His notice of appeal was not filed with the Clerk of Court until February 10.

Notices of appeal filed by pro se prisoners such…