IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

__________________

No. 95-30565 Summary Calendar __________________

RONALD J. BALLARD,

Plaintiff-Appellant,

versus

WAYNE MCELVEEN, DENNIS WING, GAIL LAURENTS, and MR. LEBLANC,

Defendants-Appellees.

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Appeal from the United States District Court for the Western District of Louisiana USDC No. 94-CV-1537 _____________________________________

November 13, 1995 Before DAVIS, BENAVIDES, and DENNIS, Circuit Judges.

PER CURIAM:*

Ronald J. Ballard appealed the dismissal of his civil rights

complaint for failure to comply with the court's order. We held

Ballard's appeal in abeyance pending the district court's ruling

on his Fed. R. Civ. P. 59(e) motion. The district court has

since ruled, granting Ballard's motion and vacating its

dismissal. Because there is no longer a final judgment from

* Local Rule 47.5 provides: "The publication of opinions that have no precedential value and merely decide particular cases on the basis of well-settled principles of law imposes needless expense on the public and burdens on the legal profession." Pursuant to that Rule, the court has determined that this opinion should not be published. O R D E R No. 94-30565 -2-

which to appeal, Ballard's appeal is DISMISSED. See

.