IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 99-60095
Conference Calendar
LOUIS JAMES CLAY, JR.,
Plaintiff-Appellant,
versus
LILLIE BLACKMON SANDERS, Judge
Wilkinson County, Mississippi,
Defendant-Appellee.
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Appeal from the United States District Court
for the Southern District of Mississippi
USDC No. 5:98-CV-167-BrS
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October 20, 1999
Before JONES, WIENER, and STEWART, Circuit Judges.
PER CURIAM:*
Louis James Clay, Jr., Mississippi state prisoner # 08452,
appeals the district court’s dismissal of his 42 U.S.C. § 1983
complaint based on a finding of absolute immunity. See 28 U.S.C.
§ 1915(e)(2)(B)(iii). On appeal, Clay argues that the district
court erred when it dismissed his § 1983 complaint and requests
appointment of counsel. He also argues that the district court
judge presiding over the case should have recused himself
pursuant to Clay’s motion to alter or amend judgment. See Fed.
*
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that this opinion should not be published and is not precedent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. 99-60095
-2-
R. Civ. P. 59(e).
The issue whether the district court judge should have
recused himself pursuant to Clay’s Rule 59(e) motion is not
properly before this court. Clay filed a notice of appeal after
making the motion but before the district court ruled on the
motion. Clay did not file a subsequent notice of appeal, nor
amend the previously filed notice of appeal following the denial
of his Rule 59(e) motion. Such action is a prerequisite to this
court’s jurisdiction. See Fed. R. App. P. 4(a)(4)(B)(ii).
The district court properly concluded that Judge Sanders is
entitled to absolute immunity from suit. See Stump v. Sparkman,
435 U.S. 349, 356-64 (1978); Boyd v. Biggers, 31 F.3d 279, 284
(5th Cir. 1994). Accordingly, the district court’s dismissal of
Clay’s complaint pursuant to 28 U.S.C. § 1915(e)(2)(B)(iii) is
AFFIRMED. Clay’s motion for appointment of counsel is DENIED.