Erick Allala AKA Marvin Moore v. Mike Gardner, Sheriff, Keith Westmoreland, County Executive, Defendants

848 F.2d 188, 1988 U.S. App. LEXIS 6278, 1988 WL 46002

• Court: Court of Appeals for the Sixth Circuit
• Decided: May 11, 1988
• Docket: 88-5082
• Status: Unpublished

Opinion

848 F.2d 188

Unpublished Disposition
NOTICE: Sixth Circuit Rule 24(c) states that citation of unpublished dispositions is disfavored except for establishing res judicata, estoppel, or the law of the case and requires service of copies of cited unpublished dispositions of the Sixth Circuit.
Erick ALLALA aka Marvin Moore, Plaintiff-Appellant,
v.
Mike GARDNER, Sheriff, Keith Westmoreland, County Executive,
Defendants- Appellees.

No. 88-5082.

United States Court of Appeals, Sixth Circuit.

May 11, 1988.

Before KRUPANSKY and BOGGS, Circuit Judges, and BAILEY BROWN, Senior Circuit Judge.

ORDER

This matter is before the court upon consideration of the appellant's response to this court's February 5, 1988, order directing him to show cause why his appeal should not be dismissed for lack of jurisdiction. Appellant's response states that he is denied access to the courts due to the lack of a law library at the jail wherein he is housed.

It appears from the record that the final order was entered December 1, 1987. The notice of appeal filed on January 5, 1988 was 5 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 (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.

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.