MARTIN JUAREZ v. UNITED STATES OF AMERICA

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United States Court of Appeals, Sixth Circuit.

MARTIN JUAREZ, Petitioner-Appellant, v. UNITED STATES OF AMERICA, Respondent-Appellee.

No. 16-4017

Decided: November 29, 2016

Before: COLE, Chief Judge; GILMAN and GRIFFIN, Circuit Judges.

ORDER

This matter is before the court upon initial consideration of appellate jurisdiction. The district court entered its decision dismissing Martin Juarez's 28 U.S.C. ยง 2255 motion to vacate his sentence on October 21, 2015. Any notice of appeal from the decision was required to be placed in the prison mail by December 21, 2015. See Fed. R. App. P. 4(a)(1)(A), 26(a). On September 2, 2016, Juarez filed a motion for extension of time to file a notice of appeal, as well as a notice of appeal from the October 21, 2015 decision. The notice of appeal was docketed in this court as appeal No. 16-4017, the current appeal. The district court denied the motion for extension of time by order entered on October 5, 2016.

Juarez's failure to file a notice of appeal in a timely manner deprives this court of jurisdiction. 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 by Rule 4.

It is ordered that this appeal is therefore DISMISSED.

ENTERED BY ORDER OF THE COURT

Deborah S. Hunt, Clerk