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 -------------------- 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,

(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.,

(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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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

APPEAL DISMISSED.