Tommie Jerningham, Jr. v. Carl Humphreys, Supt.

Sixth Circuit

Tommie Jerningham, Jr. v. Carl Humphreys, Supt.

868 F.2d 846, 1989 U.S. App. LEXIS 2078, 1989 WL 16293

CourtCourt of Appeals for the Sixth Circuit

DecidedFebruary 23, 1989

Docket88-4038

StatusPublished

Cited by2 cases

This text of 868 F.2d 846 (Tommie Jerningham, Jr. v. Carl Humphreys, Supt.) is published on Counsel Stack Legal Research, covering Court of Appeals for the Sixth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Tommie Jerningham, Jr. v. Carl Humphreys, Supt., 868 F.2d 846, 1989 U.S. App. LEXIS 2078, 1989 WL 16293 (6th Cir. 1989).

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Opinion

ORDER

This court entered an order on January 3, 1989, directing the appellant to show cause why his appeal should not be dismissed for lack of jurisdiction because of a late notice of appeal. Appellant has failed to respond to that order.

*847 It appears from the record that the final order was entered October 3, 1988. The notice of appeal filed on November 14, 1988, was 12 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.

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ORDER

This court entered an order on January 3, 1989, directing the appellant to show cause why his appeal should not be dismissed for lack of jurisdiction because of a late notice of appeal. Appellant has failed to respond to that order.

*847 It appears from the record that the final order was entered October 3, 1988. The notice of appeal filed on November 14, 1988, was 12 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.

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868 F.2d 846, 1989 U.S. App. LEXIS 2078, 1989 WL 16293, Counsel Stack Legal Research, https://law.counselstack.com/opinion/tommie-jerningham-jr-v-carl-humphreys-supt-ca6-1989.

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