Shayea Almulaiki v. Secretary of Health and Human Services

811 F.2d 603, 1986 U.S. App. LEXIS 34321, 1986 WL 18506

• Court: Court of Appeals for the Sixth Circuit
• Decided: December 5, 1986
• Docket: 86-1854
• Status: Unpublished

Opinion

811 F.2d 603

Unpublished Disposition
NOTICE: Sixth Circuit Rule 24(c) states that citation of unpublished dispositions is disfavored except for establishing res judicata, estoppel, or the law of the case and requires service of copies of cited unpublished dispositions of the Sixth Circuit.
Shayea ALMULAIKI, Plaintiff-Appellant,
v.
SECRETARY OF HEALTH AND HUMAN SERVICES, Defendant-Appellee

No. 86-1854.

United States Court of Appeals, Sixth Circuit.

Dec. 5, 1986.

Before ENGEL, JONES and NELSON, Circuit Judges.

ORDER

This matter is before the Court upon consideration of appellant's response to this Court's order to show cause why his appeal should not be dismissed for lack of jurisdiction because of a late filed notice of appeal.

It appears from the record that final judgment was entered on June 3, 1986 and that appellant filed his notice of appeal on September 19, 1986 (received by district court clerk on September 15). The notice of appeal was forty-two (42) days late. Rules 4(a) and 26(a), Federal Rules of Appellate Procedure.

The failure of an appellant to timely file a notice of appeal deprives an appellate court of jurisdiction. Compliance with Rule 4(a) is a mandatory and jurisdictional prerequisite which this Court can neither waive nor extend. Peake v. First National Bank & Trust Co., 717 F.2d 1016 (6th Cir.1983). Rule 26(b) specifically provides that this Court cannot enlarge the time for filing a notice of appeal.

It is ORDERED that the appeal be and hereby is dismissed for lack of jurisdiction. Rule 9(d)(1), Rules of the Sixth Circuit.