David P. Moore v. Tony Huntley, Evelyn Fitts, John E. Lowe, and Shirley Crawford

ARKANSAS SUPREME COURT

NOT DESIGNATED FOR PUBLICATION

PER CURIAM

FEBRUARY 8, 2001

DAVID P. MOORE

Petitioner

v.

TONY HUNTLEY, EVELYN FITTS, JOHN E. LOWE, and SHIRLEY CRAWFORD

Respondents

00-1093

PRO SE MOTION FOR BELATED APPEAL [CIRCUIT COURT OF LEE COUNTY, NO. CIV 99-71, HON. L. T. SIMES, II]

MOTION DENIED

David P. Moore, who is in the custody of the Arkansas Department of Correction (ADC), filed a civil complaint against four persons, three of whom he identified as being employed by ADC. On January 6, 2000, the complaint was dismissed. Almost seven months later on July 28, 2000, Moore filed a notice of appeal. When the record was tendered here, our clerk correctly declined to lodge it inasmuch as the notice of appeal was not filed within the thirty days allowed for filing a timely notice of appeal under Rule 4 (a) of the Rules of Appellate Procedure-Civil. Moore now seeks to proceed with a belated appeal of the order.

The motion is denied. Petitioner Moore offers no good cause for his failure to file a timely notice of appeal, but even if he had done so, there is no provision in the prevailing rules of procedure for a belated appeal in a civil case.

Motion denied.