Unpublished Dispositionleroy Pletten, Plaintiff-appellant, v. Merit Systems Protection Board; United States Army; Johno. Marsh, Sec. of the Army, Defendants-appellees, 852 F.2d 568 (6th Cir. 1988)

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US Court of Appeals for the Sixth Circuit - 852 F.2d 568 (6th Cir. 1988) July 26, 1988

Before MERRITT, KRUPANSKY and BOGGS, Circuit Judges.


The plaintiff appeals the district court's order entered February 22, 1988 granting the defendants' motion for summary judgment and dismissing this action under 29 U.S.C. § 794. On May 2, 1988, the plaintiff filed his notice of appeal as well as a motion for extension of time in which to appeal, pursuant to Rule 4(a) (5), Federal Rules of Appellate Procedure. That motion was denied by the district court on July 5, 1988.

Rule 4(a) (1), Federal Rules of Appellate Procedure, provides that the plaintiff had sixty (60) days from entry of judgment, i.e., until April 22, 1988, to file a notice of appeal. The notice of appeal filed May 2, 1988 was ten (10) days late. The district court may extend the appeal period for an additional thirty (30) days upon a showing of excusable neglect. Rule 4(a) (5), Federal Rules of Appellate Procedure. However, the district court has denied such relief and the notice of appeal filed contemporaneously with that motion does not confer jurisdiction upon this Court. Accordingly,

It is ORDERED that this appeal be dismissed for lack of appellate jurisdiction. Rule 9(b) (1), Rules of the Sixth Circuit.