andrew-d-chastain-sr-v-city-of-chattanooga-doing-business-as-better , 918 F.2d 957 ( 1990 )

918 F.2d 957

Unpublished Disposition
NOTICE: Sixth Circuit Rule 24(c) states that citation of unpublished dispositions is disfavored except for establishing res judicata, estoppel, or the law of the case and requires service of copies of cited unpublished dispositions of the Sixth Circuit.
Andrew D. CHASTAIN, Sr., Plaintiff-Appellant,
v.
CITY OF CHATTANOOGA, doing business as Better Housing
Commission, Honorable Mayor Gene Roberts, City of
Chattanooga Commission and
Commissioners, Defendants-Appellees.

No. 90-6205.

United States Court of Appeals, Sixth Circuit.

Nov. 19, 1990.
Permission to Appeal Denied by Supreme Court June 11, 1990.
Motion to Reconsider Denied by Supreme Court September 4, 1990.

Before KRUPANSKY, RALPH B. GUY, Jr. and SUHRHEINRICH, Circuit Judges.

ORDER

1

This court entered an order on October 9, 1990, directing the appellant to show cause within twenty-one days why the appeal should not be dismissed for lack of jurisdiction because of a late notice of appeal. Appellant has failed to respond.

2

It appears from the documents before the court that the final order was entered August 3, 1990. The notice of appeal filed on September 5, 1990, was one day 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. 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.

4

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.