Unpublished Dispositionunited States of America, Plaintiff-appellee, v. Michael D. Stevens, Defendant-appellant, 779 F.2d 53 (6th Cir. 1985)

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US Court of Appeals for the Sixth Circuit - 779 F.2d 53 (6th Cir. 1985) 10/3/85


N.D. Ohio



This matter is before the Court upon consideration of the response to this Court's show cause order.

It appears from the record that the final order was entered June 11, 1985. The notice of appeal filed on July 10, 1985, was 19 days late. Rules 4(b) and 26(a), Federal Rules of Appellate Procedure. A motion for extension of time was filed in the district court on August 26, 1985, and denied on August 27, 1985.

The failure of an appellant to timely file a notice of appeal deprives an appellate court of jurisdiction. 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.

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