Billy Ray Hellard, Also Known as Billy W. Holland v. State of Tennessee Board of Paroles

881 F.2d 1076, 1989 U.S. App. LEXIS 11789, 1989 WL 88961

• Court: Court of Appeals for the Sixth Circuit
• Decided: August 9, 1989
• Docket: 89-5559
• Status: Unpublished

Opinion

881 F.2d 1076

Unpublished Disposition
NOTICE: Sixth Circuit Rule 24(c) states that citation of unpublished dispositions is disfavored except for establishing res judicata, estoppel, or the law of the case and requires service of copies of cited unpublished dispositions of the Sixth Circuit.
BILLY RAY HELLARD, also known as Billy W. Holland, Plaintiff-Appellant,
v.
STATE OF TENNESSEE BOARD OF PAROLES, Defendant-Appellee.

No. 89-5559.

United States Court of Appeals, Sixth Circuit.

Aug. 9, 1989.

Before: MERRITT and KENNEDY, Circuit Judges; and WALINSKI, Senior District Judge*

ORDER

This court entered an order on May 18, 1989, directing the appellant to show cause within twenty-one days why the appeal should not be dismissed for lack of jurisdiction because of a late notice of appeal. Appellant has failed to respond.

It appears from the record that the final order was entered March 9, 1989. The notice of appeal filed on April 17, 1989 was seven 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. 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 hereby is dismissed for lack of jurisdiction. Rule 9(b)(1), Rules of the Sixth Circuit.

* The Honorable Nicholas J. Walinski, U.S. Senior District Judge for the Northern District of Ohio, sitting by designation