Unpublished Dispositionlynnell F. Halthon, Plaintiff-appellant, v. Michigan Corrections Organization, Local 526m Seiu Afl-cio,defendant-appellee, 843 F.2d 1391 (6th Cir. 1988)

ORDER

This matter is before the court upon consideration of the appellee's motion to dismiss this appeal (district court civil # 87-1853) for lack of jurisdiction because of a late filed notice of appeal. Appellant has not filed a response.

A review of the record indicates that the final judgment was entered on December 4, 1987. The notice of appeal filed on February 19, 1988 was forty six (46) days late. Fed. R. App. P. 4(a) and 26(a).

The failure of an appellant to timely file a notice of appeal deprives an appellate court of jurisdiction. Compliance with Fed. R. App. P. 4(a) is a mandatory and jurisdictional prerequisite which this court can neither waive nor extend. Peake v. First Nat'l Bank & Trust Co., 717 F.2d 1016 (6th Cir. 1983). Fed. R. App. P. 26(b) specifically provides that this court cannot enlarge the time for filing a notice of appeal.

Accordingly, it is ORDERED that the motion to dismiss be granted and the appeal be dismissed for lack of jurisdiction. Rule 8(a), Rules of the Sixth Circuit.