Unpublished Dispositionshayea Almulaiki, Plaintiff-appellant, v. Secretary of Health and Human Services, Defendant-appellee, 811 F.2d 603 (6th Cir. 1986)Annotate this Case
Dec. 5, 1986
Before ENGEL, JONES and NELSON, Circuit Judges.
This matter is before the Court upon consideration of appellant's response to this Court's order to show cause why his appeal should not be dismissed for lack of jurisdiction because of a late filed notice of appeal.
It appears from the record that final judgment was entered on June 3, 1986 and that appellant filed his notice of appeal on September 19, 1986 (received by district court clerk on September 15). The notice of appeal was forty-two (42) days late. Rules 4(a) and 26(a), Federal Rules of Appellate Procedure.
The failure of an appellant to timely file a notice of appeal deprives an appellate court of jurisdiction. Compliance with Rule 4(a) is a mandatory and jurisdictional prerequisite which this Court can neither waive nor extend. Peake v. First National Bank & Trust Co., 717 F.2d 1016 (6th Cir. 1983). Rule 26(b) specifically provides that this Court cannot enlarge the time for filing a notice of appeal.
It is ORDERED that the appeal be and hereby is dismissed for lack of jurisdiction. Rule 9(d) (1), Rules of the Sixth Circuit.