813 F.2d 1229: United States of America, Plaintiff--appellee, v. Jimmie Gregory Rogers, Defendant--appellant
United States Court of Appeals, Fourth Circuit. - 813 F.2d 1229
Submitted Dec. 24, 1986.Decided March 5, 1987
Before SPROUSE, CHAPMAN and WILKINSON, Circuit Judges.
Jimmie Gregory Rogers, appellant pro se.
William Everette Martin, Office of the United States Attorney, for appellee.
Jimmie G. Rogers seeks to appeal the district court order dismissing his 28 U.S.C. Sec. 2255 petition. Judgment was entered on June 18, 1985. Rogers' appeal was not filed until June 27, 1986.
Under Fed.R.App.P. 4(a)(1) notice of appeal in a civil case, to which the United States is a party, must be filed within sixty days from the date of 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. 4(a)(5). However, after the expiration of the ninety-day period, neither this Court nor the district court may grant a further extension of time. Hensley v. Chesapeake & Ohio Ry., 651 F.2d 226, 228 (4th Cir.1981). Accordingly, this Court lacks jurisdiction to consider this appeal as Rogers filed his notice of appeal well after the permissible period.
Because the dispositive issues recently have been decided authoritatively, we dispense with oral argument and dismiss this appeal for lack of jurisdiction.