Unpublished Dispositionjames Parrish, Plaintiff-appellant, v. al C. Parke, Tom Williams, Tony Campbell, Defendants-appellees, 918 F.2d 958 (6th Cir. 1990)

ORDER

This matter is before the court upon consideration of the appellant's responses to this court's October 9, 1990, order directing him to show cause why his appeal should not be dismissed for lack of jurisdiction because of a late notice of appeal.

It appears from the record that the final order was entered May 15, 1990. A motion to reinstate was served on May 21, 1990, and filed May 29, 1990. Reinstatement was denied by order entered July 12, 1990. The notice of appeal filed on September 7, 1990, was twenty-five 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. Baker v. Raulie, 879 F.2d 1396, 1398 (6th Cir. 1989) (per curiam); 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 it hereby is, dismissed for lack of jurisdiction. Rule 9(b) (1), Rules of the Sixth Circuit.