James E. Shorter v. William Dallman, Warden
Docket: 93-4320
Court: Court of Appeals for the Sixth Circuit; May 16, 1994; Federal Appellate Court
The court addressed the case of James E. Shorter v. William Dallman, where the appellant, Shorter, failed to respond to a show cause order regarding a late notice of appeal. The final order in the underlying case was issued on October 26, 1993, and Shorter's notice of appeal was filed on November 29, 1993, which was three days beyond the allowed time frame. The court emphasized that timely filing of a notice of appeal is essential for jurisdiction and cited several precedents reinforcing that compliance with Federal Rules of Appellate Procedure (Fed. R. App. P.) 4(a) is mandatory. The court noted that it cannot waive or extend the time for filing such notices as outlined in Fed. R. App. P. 26(b). Consequently, the court denied Shorter’s motion for appointment of counsel and dismissed the appeal due to lack of jurisdiction.