Unpublished Dispositionmose E. Herron, Plaintiff-appellant, v. University of Tennessee of Memphis, Defendant-appellee, 924 F.2d 1058 (6th Cir. 1991)Annotate this Case
Feb. 1, 1991
Before KEITH and MILBURN, Circuit Judges, and CONTIE, Senior Circuit Judge.
This matter is before the court upon consideration of the appellant's response to this court's November 5, 1990, order directing him to show cause why his appeal should not be dismissed because of a late notice of appeal. Appellant responded, stating generally that he wished to appeal.
It appears from the record that the final order was filed September 18, 1990. The notice of appeal filed on October 25, 1990, was 7 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 and 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.