James Parrish v. Al C. Parke, Tom Williams, Tony Campbell

918 F.2d 958, 1990 U.S. App. LEXIS 25394, 1990 WL 180899

• Court: Court of Appeals for the Sixth Circuit
• Decided: November 20, 1990
• Docket: 90-6226
• Status: Unpublished

Opinion

918 F.2d 958

Unpublished Disposition
NOTICE: Sixth Circuit Rule 24(c) states that citation of unpublished dispositions is disfavored except for establishing res judicata, estoppel, or the law of the case and requires service of copies of cited unpublished dispositions of the Sixth Circuit.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 PARRISH, Plaintiff-Appellant,
v.
Al C. PARKE, Tom Williams, Tony Campbell, Defendants-Appellees.

No. 90-6226.

United States Court of Appeals, Sixth Circuit.

Nov. 20, 1990.

Before KENNEDY and MILBURN, Circuit Judges, and CELEBREZZE, Senior Circuit Judge.

ORDER

This matter is before the court upon consideration of the appellant's responses to this court's October 9, 1990, order directing him to show cause why his appeal should not be dismissed for lack of jurisdiction because of a late notice of appeal.

It appears from the record that the final order was entered May 15, 1990. A motion to reinstate was served on May 21, 1990, and filed May 29, 1990. Reinstatement was denied by order entered July 12, 1990. The notice of appeal filed on September 7, 1990, was twenty-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); 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.