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Yates v. Mobile County Personnel Board

October 05, 1981

KITTY JONES YATES, ET AL., PLAINTIFFS-APPELLANTS,
v.
MOBILE COUNTY PERSONNEL BOARD, DEFENDANT-APPELLEE.



Appeal from the United States District Court for the Southern District of Alabama.

Before Godbold, Chief Judge, Frank M. Johnson, Jr. and Anderson, Circuit Judges.

Author: Per Curiam:

The district court's judgment in favor of appellee Mobile County Personnel Board ("Board") and against appellant Johnny Lee Pogue is affirmed.

Although the parties do not raise the issue of appellate jurisdiction, we must determine whether Pogue timely filed a notice of appeal. Concluding that Pogue satisfied the requirements for the issuance of a certificate under Fed.R.Civ.P. 54(b), the district court entered final judgment against Pogue on February 18, 1981. On March 18, 1981, Pogue filed in this court a "Petition for Supervisory Writ of Mandamus and Certiorari." This court denied this petition on April 1, 1981. In re Johnny Lee Pogue, No. 81-7241. On April 7, 1981, Pogue filed with the district court a formal notice of appeal. A party seeking to appeal normally files in the district court a notice of appeal within thirty days after the entry of the final judgment. Fed.R.App.P. 4(a)(1). A petition for mandamus filed in this court, however, may also satisfy the notice of appeal requirement, especially when the appellant is proceeding pro se (as in Pogue's case) and is thus generally ignorant of procedural rules. Jordan v. United States District Court, 98 U.S. App. D.C. 160, 233 F.2d 362, 364-65 (D.C.Cir.), vacated on other grounds, 352 U.S. 904, 77 S. Ct. 151, 1 L. Ed. 2d 114 (1956), cited with approval in Cobb v. Lewis, 488 F.2d 41, 45 (5th Cir. 1974); 9 Moore's Federal Practice P 203.09 (1980). Pogue's petition clearly evinces his intent to appeal. The petition specifies Pogue as appellant, designates the district court's February 18, 1981, final judgment ...


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