Michael Grafman v. U.S. Parole Commission

70 F.3d 119 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Michael GRAFMAN, Petitioner-Appellant, v. U.S. PAROLE COMMISSION, Respondent-Appellee. No. 95-15677. United States Court of Appeals, Ninth Circuit. Submitted Nov. 6, 1995. * Decided Nov. 9, 1995. Before: GOODWIN, PREGERSON, and REINHARDT, Circuit Judges. 1 MEMORANDUM ** 2 Federal prisoner Michael Grafman appeals the district court's denial of his 28 U.S.C. Sec. 2241 petition, challenging the revocation of his parole, based on the finding of the United States Parole Commission that Grafman violated the terms of his parole by engaging in conduct involving sexual assault. Grafman acknowledges that he failed to file a timely notice of appeal with this court. Moreover, his motion for an extension of time was filed with the district court more than thirty days after the prescribed time to file a notice of appeal and thus was untimely. Fed.R.App.P. 4(a)(5). "Where an appellant fails to file a [timely] notice of appeal…