Unpublished Dispositioncharles H. Lehman, Plaintiff-appellant, Glenda M. Lehman, Plaintiff v. Defiance Production Credit Association; Federalintermediate Credit Bank of Louisville; Federal Land Bankof Louisville; Farm Credit Services, F/k/a Federal Landbank Association of Louisville, Defendants-appellees, 875 F.2d 865 (6th Cir. 1989)

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US Court of Appeals for the Sixth Circuit - 875 F.2d 865 (6th Cir. 1989) May 30, 1989

Before MERRITT and BOYCE F. MARTIN, Jr., Circuit Judges, and LIVELY, Senior Circuit Judge.


ORDER

On March 29, 1989 this Court entered an order directing the plaintiff to show cause why his civil appeal should not be dismissed for failure to file a timely notice of appeal. The plaintiff has not responded to that order.

Compliance with Rule 4(a) is a mandatory and jurisdictional prerequisite which this Court can neither waive nor extend. Browder v. Director, Department of Corrections of Illinois, 434 U.S. 257, 264 (1978); Peake v. First National Bank & Trust Co., 717 F.2d 1016, 1019 (6th Cir. 1983). Since the plaintiff has neither sought nor received an extension of time from the district court, his appeal must be dismissed for lack of jurisdiction.

Therefore it is ORDERED that this appeal is dismissed sua sponte. Rule 9(b) (1), Rules of the Sixth Circuit.

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