IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 97-40478
Conference Calendar
DONALD R. SMITH,
Plaintiff-Appellant,
versus
GARY L. JOHNSON, DIRECTOR,
TEXAS DEPARTMENT OF CRIMINAL
JUSTICE, INSTITUTIONAL DIVISION;
MICHAEL A. WILSON, Senior Warden,
Michael Unit; DIRECTOR’S REVIEW
COMMITTEE, Texas Department of
Criminal Justice,
Defendants-Appellees.
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Appeal from the United States District Court
for the Eastern District of Texas
USDC No. 6:96-CV-925
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December 9, 1997
Before BARKSDALE, BENAVIDES, and STEWART, Circuit Judges.
PER CURIAM:*
Donald R. Smith, Texas prisoner # 669727, appeals from
dismissal of his 42 U.S.C. § 1983 complaint as frivolous under 28
U.S.C. § 1915 and the denial of his second “motion for
reconsideration.”
*
Pursuant to 5TH CIR. R. 47.5, the court has determined
that this opinion should not be published and is not precedent
except under the limited circumstances set forth in 5TH CIR.
R. 47.5.4.
No. 97-40478
-2-
Smith’s notice of appeal from the dismissal of his § 1983
complaint is not timely because it was filed more than thirty
days after the denial of the Rule 59(e) motion. Fed. R. Civ.
P. 4(a)(1), 59(e); Gribble v. Harris, 625 F.2d 1173, 1174 (5th
Cir. 1980).
Although the notice of appeal was timely from the district
court’s denial of his second “motion for reconsideration,” that
motion is not an authorized motion. The motion challenges the
district court’s denial of his Rule 59(e) motion. “Rule 4(a)(4)
does not embrace a second Fed. R. Civ. P. 59(e) motion.” See
United States v. One 1988 Dodge Pickup, 959 F.2d 37, 39 (5th Cir.
1992). Accordingly, the appeal is DISMISSED.