IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 96-40157
Summary Calendar
JEROME L. JOHNSON;
RONNIE ANDERSON,
Plaintiffs,
RONNIE ANDERSON,
Plaintiff-Appellant,
versus
WAYNE SCOTT, Director,
Texas Department of Criminal Justice,
Institutional Division, ET AL.,
Defendants-Appellees.
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Appeal from the United States District Court
for the Eastern District of Texas
USDC No. 9:95-CV-263
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July 8, 1996
Before JONES, EMILIO M. GARZA and DeMOSS, Circuit Judges.
PER CURIAM:*
This Court must examine the basis of its jurisdiction on its
own motion if necessary. Mosley v. Cozby, 813 F.2d 659, 660 (5th
Cir. 1987). Ronnie Anderson (#555779) filed a "notice of appeal"
*
Pursuant to Local Rule 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that this opinion should not be published and is not precedent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 Local Rule
47.5.4.
No. 96-40157
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within thirty days of the district court's order dismissing his
complaint for want of prosecution. In it, Anderson requests that
the district court reconsider its order of dismissal. Because
the document requests reconsideration as the primary relief, and
requests leave to appeal only in the alternative, it does not
clearly evince an intent to appeal and cannot be treated as a
notice of appeal. See id. Therefore, this court lacks appellate
jurisdiction over Anderson's appeal. See Mosley, 813 F.2d at
660. Anderson's motion for leave to proceed in forma pauperis
(IFP) on appeal is DENIED AS MOOT.
APPEAL DISMISSED.