Robert S. Willis, Plaintiff-appellant, v. Daniel Turner, Defendant-appellee, 838 F.2d 469 (4th Cir. 1988)

Robert S. Willis appeals the district court order dismissing his complaint for lack of subject matter jurisdiction. Judgment was entered on September 2, 1986 and Willis submitted his notice of appeal on October 3, 1986. Federal Rule of Appellate Procedure 4(a) (1) requires that an appeal be noted within 30 days from the entry of judgment. Willis' notice of appeal was received outside this thirty day period.^* 

On September 22, 1986 Willis filed a motion for a new hearing. Since this motion was filed more than ten days after the entry of judgment it does not toll the time for filing a notice of appeal. See Fed. R. App. P. 4(a) (4).

Fed. R. App. P. 4(a) (5) provides that the district court may extend the time for filing a notice of appeal "upon a showing of excusable neglect." This Court, however, has held that " [a] bare notice of appeal should not be construed as a motion for extension of time, where no request for additional time is manifest." Shah v. Hutto, 722 F.2d 1167, 1168-69 (4th Cir. 1983), cert. denied, 466 U.S. 975 (1984). As Willis made no timely request for an extension of time this Court lacks jurisdiction to hear this appeal.

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

DISMISSED.