Unpublished Dispositionclarence E. Webb, Jr., Petitioner-appellant, v. United States of America, Respondent-appellee, 852 F.2d 1288 (6th Cir. 1988)

Annotate this Case
US Court of Appeals for the Sixth Circuit - 852 F.2d 1288 (6th Cir. 1988)

Aug. 1, 1988


Before BOYCE F. MARTIN, Jr. and WELLFORD Circuit Judges, and JAMES H. JARVIS, District Judge.* 

ORDER

This court entered an order on April 22, 1988, directing the 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 file that the final order was entered August 13, 1987. The notice of appeal filed on April 11, 1988, was 181 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. McMillan v. Barksdale, 823 F.2d 981, 982 (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.

 *

The Honorable James H. Jarvis, U.S. District Judge for the Eastern District of Tennessee, sitting by designation