No. 99-20781
-1-
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 99-20781
Conference Calendar
MICHAEL JOSEPH DERROW,
Plaintiff-Appellant,
versus
JOHN MALCOLM BALES ET AL.,
Defendants,
JOHN MALCOLM BALES,
Defendant-Appellee.
--------------------
Appeal from the United States District Court
for the Southern District of Texas
USDC No. H-99-CV-380
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February 16, 2000
Before EMILIO M. GARZA, BENAVIDES, and DENNIS, Circuit Judges.
PER CURIAM:*
We must examine the basis of our jurisdiction, on our own
motion if necessary. Mosley v. Cozby, 813 F.2d 659, 660 (5th
Cir. 1987).
A plaintiff who successfully moves for voluntary dismissal
without prejudice cannot appeal the district court’s order
granting the same. See LeCompte v. Mr. Chip, Inc., 528 F.2d 601,
603 (5th Cir. 1976). Because the district court granted the
*
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that this opinion should not be published and is not precedent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. 99-20781
-2-
motion of Michael Joseph Derrow, federal inmate #03199-286, which
sought voluntary dismissal of the complaint so that Derrow would
not be burdened with the $150 filing fee, there is nothing for
Derrow to appeal. See id.
APPEAL DISMISSED.