RONALD DEWAYNE PITTS v. THERESA BALLINGER (2017)

ORDER

This matter is before the court to consider the response of Ronald Dewayne Pitts to this court's March 9, 2017, order directing him to show cause why this appeal should not be dismissed for failure to comply with Federal Rule of Appellate Procedure 4(a). Pitts responded by stating that he is “unschooled in law” and that he had a death in the family.

The district court entered its judgment on January 23, 2017. Any notice of appeal from the judgment was due to be filed on or before February 22, 2017. See Fed. R. App. P. 4(a), 26(a). The notice of appeal filed on February 24, 2017, is late.

Compliance with Federal Rule of Appellate Procedure 4(a) is a mandatory prerequisite that this court may neither waive nor extend. Bowles v. Russell, 551 U.S. 205, 214 (2007); Ultimate Appliance CC v. Kirby Co., 601 F.3d 414, 415-16 (6th Cir. 2010). Federal Rule of Appellate Procedure 26(b) specifically provides that the time for filing a notice of appeal may not be extended except as authorized in Rule 4. We have reviewed the record and find that the exceptions authorized by Rule 4 do not apply in this case.

Accordingly, it is ordered that the appeal is DISMISSED.

ENTERED BY ORDER OF THE COURT

Deborah S. Hunt, Clerk