James F. Wampler v. Leslie M. Jeffress, Dorothy Jo Stout, Ray Jenkins, Randall E. Reagan, Malcom Ashe, Bob Jolley

925 F.2d 1466, 1991 U.S. App. LEXIS 17039, 1991 WL 16451

• Court: Court of Appeals for the Sixth Circuit
• Decided: February 12, 1991
• Docket: 90-6047
• Status: Unpublished

Opinion

925 F.2d 1466

Unpublished Disposition
NOTICE: Sixth Circuit Rule 24(c) states that citation of unpublished dispositions is disfavored except for establishing res judicata, estoppel, or the law of the case and requires service of copies of cited unpublished dispositions of the Sixth Circuit.
James F. WAMPLER, Plaintiff-Appellant,
v.
Leslie M. JEFFRESS, Dorothy Jo Stout, Ray Jenkins, Randall
E. Reagan, Malcom Ashe, Bob Jolley, Defendants-Appellees.

No. 90-6047.

United States Court of Appeals, Sixth Circuit.

Feb. 12, 1991.

Before RYAN and SUHRHEINRICH, Circuit Judges, and SILER, Chief District Judge.*

ORDER

This court entered an order on November 13, 1990, 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 documents before the court that the final order was entered July 21, 1989. The notice of appeal filed on July 27, 1990, was eleven months late and outside the extension period. 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); 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 it hereby is, dismissed for lack of jurisdiction. Rule 9(b)(1), Rules of the Sixth Circuit.

* The Honorable Eugene E. Siler, Jr., Chief U.S. District Judge for the Eastern District of Kentucky, sitting by designation