Dupuy v. Cain

               IN THE UNITED STATES COURT OF APPEALS
                       FOR THE FIFTH CIRCUIT



                            No. 97-30842
                        Conference Calendar



BUFORD ANTHONY DUPUY,

                                      Petitioner-Appellant,

versus

BURL CAIN, Warden, Louisiana State Penitentiary,

                                      Respondent-Appellee.


                         - - - - - - - - - -
            Appeal from the United States District Court
                for the Western District of Louisiana
                         USDC No. 96-CV-1137
                         - - - - - - - - - -

                            August 18, 1998

Before KING, HIGGINBOTHAM, and JONES, Circuit Judges.

PER CURIAM:*

     Buford Anthony Dupuy (#78540) has given notice of his appeal

from the district court’s judgment dismissing his federal habeas

petition.   Prior to filing his notice of appeal, Dupuy sent the

district court a letter requesting reconsideration of the

judgment.   See instrument 30.   The district court has taken no

action on Dupuy’s letter.    Because Dupuy’s letter calls into

question the correctness of the judgment and was filed within 10

days of entry of the judgment, it is a Fed. R. Civ. P. 59(e)


     *
       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this opinion should not be published and is not precedent except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. 97-30842
                                  -2-

motion.   See Harcon Barge Co. v. D & G Boat Rentals, Inc., 784

F.2d 665, 667 (5th Cir. 1986) (en banc); see also Houston v.

Lack, 487 U.S. 266 (1988).    Under Fed. R. App. P. 4(a)(4),

Dupuy’s notice of appeal is ineffective until the date of entry

of an order disposing of the Rule 59(e) motion.    Accordingly, the

appeal is DISMISSED.     See Burt v. Ware, 14 F.3d 256, 260-61 (5th

Cir. 1994).

     APPEAL DISMISSED.