Unpublished Dispositionminnie M. Jordan, Plaintiff-appellant, v. Secretary of Health and Human Services, Defendant-appellee, 859 F.2d 922 (6th Cir. 1988)

Before ENGEL, Chief Judge, BOGGS, Circuit Judge, and ROBERT M. McRAE, Jr., Senior District Judge.^* 

ORDER

This court entered an order on July 7, 1988, directing the appellant to show cause within 21 days why her appeal should not be dismissed for lack of jurisdiction. Appellant has failed to respond, but has filed a pro se brief and a motion for appointment of counsel.

It appears from the record that the judgment was entered February 18, 1988. The notice of appeal filed on June 16, 1988, was 59 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. McMillan v. Barksdale, 823 F.2d 981, 982 (6th Cir. 1987); Myers v. Ace Hardware, Inc., 777 F.2d 1099, 1102 (6th Cir. 1985); Denley v. Shearson/American Express, Inc., 733 F.2d 39, 41 (6th Cir. 1984) (per curiam); Peake v. First Nat'l Bank & Trust Co., 717 F.2d 1016, 1018 (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 for appointment of counsel be denied and the appeal be and hereby is dismissed for lack of jurisdiction. Rule 9(b) (1), Rules of the Sixth Circuit.