Unpublished Dispositionjoseph Henry Gilliard, Plaintiff-appellant, v. Craig Stevens, Clinical Social Worker, Defendant-appellee, 881 F.2d 1075 (6th Cir. 1989)

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US Court of Appeals for the Sixth Circuit - 881 F.2d 1075 (6th Cir. 1989)

July 31, 1989


Before KRUPANSKY and RYAN, Circuit Judges, and LIVELY, Senior Circuit Judge.


ORDER

This court entered an order on May 18, 1989, directing the appellant to show cause within twenty-one days why the appeal should not be dismissed for lack of jurisdiction because of a late notice of appeal. Appellant has failed to respond.

It appears from the record that the judgment was entered March 10, 1989. The notice of appeal filed on April 14, 1989 was four 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.