Alphonso Mills, Jerome Blair Freeman, Proposed-Intervenor v. Adult Parole Authority

Sixth Circuit

Alphonso Mills, Jerome Blair Freeman, Proposed-Intervenor v. Adult Parole Authority

849 F.2d 609, 1988 U.S. App. LEXIS 7916, 1988 WL 58876

CourtCourt of Appeals for the Sixth Circuit

DecidedJune 10, 1988

Docket88-3196

StatusUnpublished

This text of 849 F.2d 609 (Alphonso Mills, Jerome Blair Freeman, Proposed-Intervenor v. Adult Parole Authority) is published on Counsel Stack Legal Research, covering Court of Appeals for the Sixth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Alphonso Mills, Jerome Blair Freeman, Proposed-Intervenor v. Adult Parole Authority, 849 F.2d 609, 1988 U.S. App. LEXIS 7916, 1988 WL 58876 (6th Cir. 1988).

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849 F.2d 609

Unpublished Disposition
NOTICE: Sixth Circuit Rule 24(c) states that citation of unpublished dispositions is disfavored except for establishing res judicata, estoppel, or the law of the case and requires service of copies of cited unpublished dispositions of the Sixth Circuit.
Alphonso MILLS, Plaintiff,
Jerome Blair Freeman, Proposed-Intervenor Appellant,
v.
ADULT PAROLE AUTHORITY, Defendant-Appellee

No. 88-3196.

United States Court of Appeals, Sixth Circuit.

June 10, 1988.

Before CORNELIA G. KENNEDY and NATHANIEL R. JONES, Circuit Judges and CONTIE, Senior Circuit Judge.

ORDER

This matter is before the court upon consideration of the appellant's response to this court's order directing him to show cause why his appeal should not be dismissed for lack of jurisdiction. Appellant's response states that Fed.R.App.P. 26(c) adds 3 days to the 30 day appeals period provided by Fed.R.App.P. 4(a).

It appears from the record that the judgment was entered January 29, 1988. The notice of appeal filed on March 1, 1988, was one day 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 (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 (6th Cir.1984) (per curiam); Peake v. First Nat'l Bank & Trust Co., 717 F.2d 1016 (6th Cir.1983). Fed.R.App.P. 26(b) specifically provides that this court cannot enlarge the time for filing a notice of appeal. Fed.R.App.P. 26(c) does not add three days to the appeals period. Welsh v. Elevating Boats, Inc., 698 F.2d 230 (5th Cir.1983); Sofarelli Assocs., Inc. v. United States, 716 F.2d 1395 (Fed.Cir.1983).

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.

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849 F.2d 609

Unpublished Disposition
NOTICE: Sixth Circuit Rule 24(c) states that citation of unpublished dispositions is disfavored except for establishing res judicata, estoppel, or the law of the case and requires service of copies of cited unpublished dispositions of the Sixth Circuit.
Alphonso MILLS, Plaintiff,
Jerome Blair Freeman, Proposed-Intervenor Appellant,
v.
ADULT PAROLE AUTHORITY, Defendant-Appellee

No. 88-3196.

United States Court of Appeals, Sixth Circuit.

June 10, 1988.

Before CORNELIA G. KENNEDY and NATHANIEL R. JONES, Circuit Judges and CONTIE, Senior Circuit Judge.

ORDER

This matter is before the court upon consideration of the appellant's response to this court's order directing him to show cause why his appeal should not be dismissed for lack of jurisdiction. Appellant's response states that Fed.R.App.P. 26(c) adds 3 days to the 30 day appeals period provided by Fed.R.App.P. 4(a).

It appears from the record that the judgment was entered January 29, 1988. The notice of appeal filed on March 1, 1988, was one day 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 (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 (6th Cir.1984) (per curiam); Peake v. First Nat'l Bank & Trust Co., 717 F.2d 1016 (6th Cir.1983). Fed.R.App.P. 26(b) specifically provides that this court cannot enlarge the time for filing a notice of appeal. Fed.R.App.P. 26(c) does not add three days to the appeals period. Welsh v. Elevating Boats, Inc., 698 F.2d 230 (5th Cir.1983); Sofarelli Assocs., Inc. v. United States, 716 F.2d 1395 (Fed.Cir.1983).

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.

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849 F.2d 609, 1988 U.S. App. LEXIS 7916, 1988 WL 58876, Counsel Stack Legal Research, https://law.counselstack.com/opinion/alphonso-mills-jerome-blair-freeman-proposed-intervenor-v-adult-parole-ca6-1988.

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