UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

_____________________

No. 96-50082 Summary Calendar _____________________

MARY LOU KIRSCHBAUM,

Plaintiff-Appellant,

versus

WILLIAM J. PERRY, Secretary, U. S. Department of Defense, and his successors in Office; WILLIAM REED, Director, U.S. Defense Contract Audit Agency, and his successors in Office; JOHN McINTOSH, Manager, Austin Branch, U. S. Defense Contract Audit Agency, and his successors in Office,

Defendants-Appellees.

_________________________________________________________________

Appeal from the United States District Court for the Western District of Texas (A-95-CV-269) _________________________________________________________________ July 24, 1996

Before SMITH, BARKSDALE, and DENNIS, Circuit Judges.

PER CURIAM:*

Mary Lou Kirschbaum appeals the dismissal, for failure to

prosecute, of her employment discrimination claim. However, she

contends only that the district court abused its discretion by

denying her FED. R. CIV. P. 60(b) motion for reinstatement (filed

more than 10 days after entry of the order of dismissal).

* Pursuant to Local Rule 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in Local Rule 47.5.4. Kirschbaum filed a timely notice of appeal from the order of

dismissal, but did not file a notice of appeal from the order

denying her 60(b) motion. Accordingly, we lack jurisdiction to

consider the denial of that motion. See, e.g., Williams v. Chater,

___ F.3d ___, ___,

(5th Cir. 1996). Although the

appeal from the order of dismissal is properly before us,

Kirschbaum has not presented a basis for reversal.

Therefore, the judgment is

AFFIRMED.

- 2 -