United States v. Harvey S. Weiss

872 F.2d 1030, 1989 U.S. App. LEXIS 5075, 1989 WL 37371

• Court: Court of Appeals for the Sixth Circuit
• Decided: April 17, 1989
• Docket: 88-2231
• Status: Unpublished

Opinion

872 F.2d 1030

Unpublished Disposition
NOTICE: Sixth Circuit Rule 24(c) states that citation of unpublished dispositions is disfavored except for establishing res judicata, estoppel, or the law of the case and requires service of copies of cited unpublished dispositions of the Sixth Circuit.
UNITED STATES of America, Plaintiff-Appellee,
v.
Harvey S. WEISS, Defendant-Appellant.

No. 88-2231.

United States Court of Appeals, Sixth Circuit.

April 17, 1989.

Before KEITH and KENNEDY, Circuit Judges, and RICHARD B. McQUADE, Jr., District Judge*.

ORDER

This matter is before the court upon consideration of the appellant's response to this court's January 10, 1989, order directing him to show cause why his appeal should not be dismissed for lack of jurisdiction because of a late notice of appeal. His response stated that he is not skilled in legal matters and did not know that there was a limited time period in which to appeal. The appellee has replied.

It appears from the record that the final order was entered on July 15, 1988, and reconsideration was denied by order entered July 27, 1988. The notice of appeal filed on November 25, 1988 was 60 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.

* The Honorable Richard B. McQuade, Jr., U.S. District Judge for the Northern District of Ohio, sitting by designation