Unpublished Dispositionanthony Ragazzino, Plaintiff-appellant, v. Office of Governor, State of Michigan, Defendant-appellee, 863 F.2d 49 (6th Cir. 1988)

Annotate this Case
US Court of Appeals for the Sixth Circuit - 863 F.2d 49 (6th Cir. 1988)

Nov. 17, 1988


Before ENGEL, Chief Judge, and WELLFORD and BOGGS, Circuit Judges.


ORDER

This appeal has been referred to a panel of this court pursuant to Rule 9(a), Rules of the Sixth Circuit.

Anthony Raggazino appeals the dismissal of his complaint filed under 42 U.S.C. § 1983 in which he alleged that he is incarcerated for violating an allegedly invalid Michigan criminal statute. However, Ragazzino is not properly before the court because he failed to sign the notice of appeal. Generally, this court lacks jurisdiction over the claims of pro se appellants who fail to sign the notice of appeal. See Carter v. Commissioner, 784 F.2d 1006, 1008 (9th Cir. 1986); Covington v. Allsbrook, 636 F.2d 63 (4th Cir. 1980), cert. denied, 451 U.S. 914 (1981); Theriault v. Silber, 579 F.2d 302, 302 n. 1 (5th Cir. 1978), cert. denied, U.S. 971 (1979). This is consistent with 28 U.S.C. § 1654, which provides that "parties may plead and conduct their own cases personally or by counsel...." See Herrera-Venegas v. Sanchez-Rivera, 681 F.2d 41, 42 (1st Cir. 1982) (memorandum and order). Thus, the instant appeal is hereby dismissed for lack of jurisdiction. Rule 9(b) (1), Rules of the Sixth Circuit.