Unpublished Dispositionnotice: Sixth Circuit Rule 24(c) States That Citation of Unpublished Dispositions is Disfavored Except for Establishing Res Judicata, Estoppel, or the Law of the Case and Requires Service of Copies of Cited Unpublished Dispositions of the Sixth Circuit, 762 F.2d 1013 (6th Cir. 1985)

This matter is before the Court upon consideration of the appellants' response to this Court's order of January 29, 1985 directing them to show cause why their appeal should not be dismissed for lack of jurisdiction because the notice of appeal appeared to have been filed one day late. Appellants have responded contending that they are ent tled to three additional days within which to file their notice of appeal pursuant to Rule 26(c), Federal Rules of Appellate Procedure, because they received their copy of the judgment by mail.

The time for filing a notice of appeal is computed from the date of entry of the district court's judgment. Rule 4(a), Federal Rules of Appellate Procedure. Rule 26(c), Federal Rules of Appellate Procedure, allows an extra three days for the filing of a document when the filing period is to be computed from the service date of the document rather than the date of entry. Therefore, Rule 26(c), Federal Rules of Appellate Procedure, does not apply to the filing of a notice of appeal. See Welsh v. Elevating Boats, Inc., 698 F.2d 230 (5th Cir. 1983).

The judgment was entered December 18, 1984. Pursuant to Rule 4(a), Federal Rules of Appellate Procedure, appellants were required to have filed their notice of appeal within thirty days from entry of judgment, i.e., Thursday, January 17, 1985. 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). Rule 26(b), Federal Rules of Appellate Procedure, specifically provides that this Court cannot enlarge the time for filing a notice of appeal. The notice of appeal filed on January 18, 1985 was filed one day late and this Court lacks jurisdiction to entertain the appeal.

Accordingly, it is ORDERED that the appeal be and it hereby is dismissed for lack of jurisdiction. Rule 9(d) (1), Rules of the Sixth Circuit.