Notice: Fourth Circuit I.o.p. 36.6 States That Citation of Unpublished Dispositions is Disfavored Except for Establishing Res Judicata, Estoppel, or the Law of the Case and Requires Service of Copies of Cited Unpublished Dispositions of the Fourth Circuit, 846 F.2d 69 (4th Cir. 1986)

Curtis Brown, an inmate at the Maryland House of Corrections in Jessup, Maryland, brought this suit under 42 U.S.C. § 1983 against certain employees of that prison. The district court dismissed his claims as frivolous under 28 U.S.C. § 1915(d). Brown did not file his notice of appeal during the thirty day period during which such a notice must be filed under Fed. R. App. P. 4(a) (1), and did not file it until the final day of the additional thirty day period during which he could have moved under Rule 4(a) (5) for an extension of time in which to file. The complete text of Brown's notice of appeal reads: "Notice of Appeal. I wish to file a notice of appeal under the Case No. S-87-1374."

In Shah v. Hutto, 722 F.2d 1167, 1168-69 (4th Cir. 1983), cert. denied, 466 U.S. 975 (1984), this court held that the time for filing a notice of appeal may be extended only by motion, and 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." Brown's notice of appeal contained no request, express or implied, for additional time. We therefore lack jurisdiction, and dismiss the appeal.

DISMISSED.