Unpublished Dispositionfrank Piccirilli, Plaintiff-appellant, v. T.l. Morris, Superintendent, Defendant-appellee, 838 F.2d 471 (6th Cir. 1988)

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US Court of Appeals for the Sixth Circuit - 838 F.2d 471 (6th Cir. 1988)

Feb. 5, 1988


Before BOYCE F. MARTIN, Jr., RALPH B. GUY, Jr., and BOGGS, Circuit Judges.


ORDER

This court entered an order on October 28, 1987, directing the appellant to show cause within 21 days of the date of the order why the appeal should not be dismissed for lack of jurisdiction. Appellant has failed to respond.

It appears from the file that the order denying appellant's Fed. R. Civ. P. 60(b) motion was entered September 1, 1987. The notice of appeal filed on October 2, 1987, was one day 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. McMillan v. Barksdale, 823 F.2d 981 (6th Cir. 1987); Myers v. Ace Hardware, Inc., 777 F.2d 1099, 1102 (6th Cir. 1985); Denley v. Shearson/American Express, Inc., 733 F.2d 39 (6th Cir. 1984) (per curiam); 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 the appeal be and hereby is dismissed for lack of jurisdiction. Rule 9(b) (1), Rules of the Sixth Circuit.