Unpublished Dispositiondarwin Gravitt, Plaintiff-appellant, v. Robert Redman, et al., Defendants-appellees, 826 F.2d 1063 (6th Cir. 1987)

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US Court of Appeals for the Sixth Circuit - 826 F.2d 1063 (6th Cir. 1987)

Aug. 18, 1987


Before KEITH and ALAN E. NORRIS, Circuit Judges, and GIBBONS, District Judge.* 

ORDER

Appellant has failed to respond to this court's June 18, 1987, order directing him to show cause within 21 days why his appeal should not be dismissed for lack of jurisdiction.

It appears from the record that the judgment was entered January 16, 1987. The notice of appeal received in this court on March 27, 1987, and filed by the district court on May 26, 1987, was 38 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), Federal Rules of Appellate Procedure, is a mandatory and jurisdictional prerequisite which this court can neither waive nor extend. Peake v. First Nat'l Bank & Trust Co., 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 hereby is dismissed for lack of jurisdiction. Rule 9(b) (1), Rules of the Sixth Circuit.

 *

The Honorable Julia S. Gibbons, U.S. District Judge for the Western District of Tennessee, sitting by designation