Unpublished Dispositionpatricia Sparks, Administratrix of the Estate of Ivanmichael Cook, Deceased, Plaintiff-appellant v. Sara Mills Ogan Marshall; Allstate Insurance Company,defendants-appellees, 919 F.2d 739 (6th Cir. 1990)

Before RYAN and ALAN E. NORRIS, Circuit Judges; and JOINER, Senior District Judge^* .

ORDER

The plaintiff appeals summary judgment for defendants and denial of her motion to alter or amend in this action to recover damages from underinsured motorists insurance. The defendants move to dismiss the appeal on grounds of untimeliness. No response has been filed by the plaintiff.

The district court entered its judgment on May 31, 1990. The plaintiff's timely motion to alter or amend under Fed. R. Civ. P. 59 was denied by order entered on July 30, 1990. Accordingly, under Fed. R. App. P. 4(a) (1) and (a) (4), the plaintiff had thirty days, i.e., until August 29, 1990, in which to file a notice of appeal. The plaintiff's notice, filed on August 30, 1990, was not within that period. Further, the plaintiff has not sought from the district court an extension of time to appeal, and the time for doing so has now expired. See Fed. R. App. P. 4(a) (5). Compliance with Fed. R. App. P. 4(a) (1) is mandatory and jurisdictional. Baker v. Raulie, 879 F.2d 1396 (6th Cir. 1989) (per curiam). In the absence of a timely notice of appeal, this court lacks jurisdiction.

It is therefore ORDERED that the defendants' motion is granted and this appeal is dismissed for lack of jurisdiction.