Spiros Andrea Prokopis, Plaintiff-appellant, v. James P. Tinney, Iii, Warden, Maryland Correctionalinstitution, Defendant-appellee, 801 F.2d 394 (4th Cir. 1986)

Spiros Andrea Prokopis seeks to appeal the order of the district court dismissing his petition filed pursuant to 28 U.S.C. § 2254. Judgment was entered on June 7, 1983; however, Prokopis did not file his notice of appeal until May 1, 1986. Under Fed. R. App. P. 4(a) (1), notice of appeal in a civil action must be filed in 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 an additional thirty days. Fed. R. App. P. 4(a) (5). However, after the expiration of the sixty-day period, neither this Court nor the district court may grant a further extension of time. Townsend v. Maryland, 21 Fed. R. Serv. 2d 835 (4th Cir.), cert. denied, 429 U.S. 850 (1976); Hensley v. Chesapeake & 0. Ry. Co., 651 F.2d 226, 228 (4th Cir. 1981). Accordingly, this Court lacks jurisdiction to hear this appeal as Prokopis filed his notice of appeal well after the permissible sixty-day period.

Because the dispositive issues have recently been decided authoritatively, we deny a certificate of probable cause to appeal, dispense with oral argument, grant the appellee's motion to dismiss, and dismiss the appeal for lack of jurisdiction.

DISMISSED.