Unpublished Dispositionthomas Dale Groeneveld, Plaintiff-appellant, v. Donald Houseworth, Defendant-appellee, 934 F.2d 322 (6th Cir. 1991)

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US Court of Appeals for the Sixth Circuit - 934 F.2d 322 (6th Cir. 1991)

May 31, 1991


Before RALPH B. GUY, Jr. and DAVID A. NELSON, Circuit Judges, and CELEBREZZE, Senior Circuit Judge.


ORDER

This matter is before the court upon consideration of the appellant's response to this court's March 15, 1991, order directing him to show cause why his appeal should not be dismissed because of a late notice of appeal. Appellant responded stating that incarceration limits his time and access to legal materials, and inadequate paralegals erroneously advised him of the time in which to file his notice of appeal.

It appears from the record that the final order was entered October 31, 1990. The notice of appeal filed on January 14, 1991, was forty-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); 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 8(a), Rules of the Sixth Circuit.