Unpublished Dispositiondouglas Hunter, Plaintiff-appellant, v. Ford Motor Company, Glass Division; Ned D'asaro; Martykilbane; Floyd Garrett; Joe Williams; Unitedauto Workers Union; Don Burgess; Donhammonds, Defendants-appellees, 852 F.2d 1287 (6th Cir. 1988)

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US Court of Appeals for the Sixth Circuit - 852 F.2d 1287 (6th Cir. 1988) July 28, 1988

Before MERRITT, KRUPANSKY and BOGGS, Circuit Judges.


ORDER

This court entered an order on May 10, 1988, directing appellant to show cause within 21 days why his appeal should not be dismissed for lack of jurisdiction. Appellant has failed to respond.

It appears from the record that the final order was entered March 8, 1988. The notice of appeal filed on April 8, 1988, was 1 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, 1982 (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, 41 (6th Cir. 1984) (per curiam); Peake v. First Nat'l Bank & Trust Co., 717 F.2d 1016, 1018 (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.