David Williams, Plaintiff-appellant, v. Runia Bailey, Defendant-appellee, 823 F.2d 549 (4th Cir. 1987)

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US Court of Appeals for the Fourth Circuit - 823 F.2d 549 (4th Cir. 1987) Submitted May 27, 1987. Decided July 7, 1987

David Williams, appellant pro se.

Michael A. Likavec, Office of the Attorney General of Virginia, for appellee.

Before WIDENER and CHAPMAN, Circuit Judges, and BUTZNER, Senior Circuit Judge.


David Williams, a Virginia inmate, seeks to appeal from the order of the district court entering judgment for the defendant in his 42 U.S.C. § 1983 action. Williams filed an untimely notice of appeal, and he made no motion requesting an extension. See Fed. R. App. P. 4(a) (5). This Court has no authority to construe Williams's bare notice of appeal as a motion for an extension of the time to appeal. See Shah v. Hutto, 722 F.2d 1167, 1168 (4th Cir. 1983) (en banc), cert. denied, 466 U.S. 975 (1984). Thus, this Court has no jurisdiction to consider Williams's appeal. Because the dispositive issues recently have been decided authoritatively, we dispense with oral argument and dismiss the appeal.