Unpublished Dispositionjames Ratliff, Plaintiff-appellant, v. Secretary of Health and Human Services, Defendant-appellee, 837 F.2d 476 (6th Cir. 1988)

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US Court of Appeals for the Sixth Circuit - 837 F.2d 476 (6th Cir. 1988) Jan. 15, 1988



This matter is before the court upon consideration of the appellant's response to this court's October 2, 1987, order directing him to show cause why his appeal should not be dismissed by lack of jurisdiction. Appellant's response states that his attorney notified him of the district court's decision after the appeals period expired. In his response, he also seeks appointment of counsel in this court.

It appears from the record that the judgment was entered May 28, 1987. The notice of appeal filed on September 16, 1987, was 51 days late. Fed. R. App. P. 4(a) and 26(a).

The failure of an appellant to timely file a notice of appeal deprives an appellate court of jurisdiction. Compliance with Fed. R. App. P. 4(a) 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). Fed. R. App. P. 26(b) specifically provides that this court cannot enlarge the time for filing a notice of appeal.

Accordingly, it is ORDERED that appellant's request for appointment of counsel be denied and the appeal be and hereby is dismissed for lack of jurisdiction. Rule 9(b) (1), Rules of the Sixth Circuit.