OpenJurist

868 F2d 846 Jerningham v. Humphreys

868 F.2d 846

Tommie JERNINGHAM, Jr., Petitioner-Appellant,
v.
Carl HUMPHREYS, Supt., Respondent-Appellee.

No. 88-4038.

United States Court of Appeals,
Sixth Circuit.

Feb. 23, 1989.

Before WELLFORD and NORRIS, Circuit Judges, and EDWARDS, Senior circuit judge.

ORDER

1

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.

2

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).

3

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.

4

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.