TOMMIE JERNINGHAM, JR., PETITIONER-APPELLANT,
v.
CARL HUMPHREYS, SUPT., RESPONDENT-APPELLEE
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
The court held that a late notice of appeal deprives the appellate court of jurisdiction.
Appellant filed a notice of appeal 12 days late. The court had previously ordered appellant to show cause why the appeal should not be dismissed for l…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Timeliness Of Notice Of Appeal cases and more on FLexlaw
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. 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.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Clark Jerome McMILLAN v. Barksdale, 823 F.2d 981 (6th Cir. 1987)
- Denley v. Shearson/American Express, Inc., 733 F.2d 39 (6th Cir. 1984)
- Peake v. The First Nat'l Bank & Tr. Co. OF Marquette, 717 F.2d 1016 (6th Cir. 1983)
- Myers v. ACE Hardware, Inc., 777 F.2d 1099 (6th Cir. 1985)