Apparajan Ganesan, Texas prisoner # 904088, by his February 18, 2003, notice of appeal seeks to appeal the dismissal without prejudice for failure to prosecute of his 42 U.S.C. § 1983 suit against various prison officials for retaliation and mail censorship. On February 4, 2003, Ganesan filed in the district court a motion to reinstate, explaining why he had not sooner filed the copies of documents as required by the December 20, 2002, order, which failure was apparently the basis of the January 21, 2003, dismissal. The February 4, 2003, motion was filed within ten days (computed under Fed.R.Civ.P. 6(a)) of the January 21, 2003, dismissal and was in substance a timely FedR.Civ.P. 59(e) motion. Bann v. Ingram Micro Inc., 108 F.3d 625, 626 (5th Cir. 1997). The district court has never ruled on the February 4, 2003, motion. Accordingly, the notice of appeal has not become effective, Fed. RApp. P. 4(a)(4)(B)(i), and the appeal is therefore DISMISSED. ** Simmons v. Reliance Standard Life Ins. Co., 310 F.3d 865, 868-70 (5th Cir. 2002).

Appeal DISMISSED as premature.