CRAIG v. LYNAUGH

No. 87-6266 Summary Calendar.

846 F.2d 11 (1988)

Clifford CRAIG, Plaintiff-Appellant, v. James A. LYNAUGH, Director, Texas Department of Corrections, et al., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

May 26, 1988.


Attorney(s) appearing for the Case

Clifford Craig, pro se.

Before RUBIN, REAVLEY, and SMITH, Circuit Judges.


ALVIN B. RUBIN, Circuit Judge:

If a complaint is dismissed as frivolous before it has been served on the defendant, must a motion to vacate the judgment be served to be effective under Federal Rule of Civil Procedure 59(e)? Our answer is that it need not be. The pro se plaintiff's motion to vacate, therefore, nullified his contemporaneously filed notice of appeal, and because he filed no new notice, we dismiss his appeal for want of jurisdiction.

I.

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