Unpublished Dispositionfifi Taft Rockefeller, Plaintiff-appellant, v. Barry Brennan, Police Officer, Defendant-appellee, 755 F.2d 933 (6th Cir. 1985)

This matter is before the Court upon consideration of the appellee's motion to dismiss the appeal. Appellant has not responded thereto.

It appears from the record that the judgment was entered April 27, 1984. The notice of appeal filed on June 4, 1984 was seven days late. Rule 4(a) and 26(a), Federal Rules of Appellate Procedure.

The failure of an appellant to timely file a notice of appeal deprives an appellate court of jurisdiction. Compliance with Rule 4(a), Federal Rules of Appellate Procedure, is a mandatory and jurisdictional prerequisite which this Court can neither waive nor extend. Peake v. First Nat. Bank and Trust Co. of Marquette, 717 F.2d 1016 (6th Cir. 1983).

It is ORDERED that the motion to dismiss be granted and the appeal be and hereby is dismissed. Rule 8, Rules of the Sixth Circuit.