Samuel D. Garner, Plaintiff-appellant, v. Cicel County; Wassamer, Officer of Maryland State Police;state of North Carolina, Wake County Sheriffdepartment, Defendant-appellees, 803 F.2d 1180 (4th Cir. 1986)

Samuel D. Garner seeks to appeal the order of the district court dismissing his claim filed pursuant to 42 U.S.C. § 1983. Judgment was entered on May 8, 1981; however, Garner did not file his notice of appeal until June 12, 1986.

Under Fed. R. App. P. 4(a) (1), notice of appeal in a civil action must be filed in the district court within thirty days from the entry of judgment. Upon a showing of excusable neglect, the district court may extend the time for filing by an additional thirty days. Fed. R. App. P. 4(a) (5). However, after the expiration of the sixty-day period, neither the district court nor this Court has jurisdiction to extend the time to file a notice of appeal. Shah v. Hutto, 722 F.2d 1167 (4th Cir. 1983); Hensley v. Chesapeake & O. Ry. Co., 651 F.2d 226, 228 (4th Cir. 1981). Accordingly, this Court lacks jurisdiction to accept this appeal since Garner filed his notice of appeal well after the permissible sixty-day period.

Because the dispositive issues have recently been decided authoritatively, we dispense with oral argument and dismiss the appeal for lack of jurisdiction.

DISMISSED.