Robert Elijah Washington v. Michael E. Bumgarner J. Gainey, Officer W.E. McMichaels M. Thomas, Officer

WILKINSON, Circuit Judge:

In Shah v. Hutto, 722 F.2d 1167 (4th Cir.1983) (en banc), this circuit held that a bare notice of appeal is not to be regarded as a motion for extension of time under Fed.R.App.P. 4(a)(5). Subsequently, the Supreme Court in Houston v. Lack, — U.S.-, 108 S.Ct. 2379, 101 L.Ed.2d 245 (1988), concluded that a notice of appeal is filed when delivered to prison authorities for forwarding to the court clerk. In this case we must determine if Houston overrules Shah and, accordingly, whether plaintiff timely filed his notice of appeal. We hold that Houston and Shah do not…