Unpublished Dispositiongene T. Favors, Plaintiff-appellant, v. Sally Langley, B. Moats, Inspector, Defendants-appellees, 930 F.2d 918 (6th Cir. 1991)

ORDER

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

A review of the record indicates that the judgment was entered November 28, 1990. The appellant served a Fed. R. Civ. P. 59 motion to alter or amend on December 3, 1990, which was within ten days of entry of judgment as computed pursuant to Fed. R. Civ. P. 6(a). Such motion tolled the appeal period. See Fed. R. App. P. 4(a) (4); Craig v. Lynaugh, 846 F.2d 11, 13 (5th Cir. 1988), cert. denied, 490 U.S. 1093 (1989). A notice of appeal was filed January 3, 1991. Fed. R. App. P. 4(a) (4) provides that a notice of appeal filed before the disposition of a timely Rule 59 motion shall have no effect. A timely notice of appeal is mandatory and jurisdictional. Osterneck v. Ernst & Whinney, 489 U.S. 169, 173-74 (1989); Griggs v. Provident Consumer Discount Co., 459 U.S. 56, 61 (1982) (per curiam). The district court denied the motion to alter or amend by order entered January 14, 1991. No new notice of appeal has been filed.

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.