McMILLIAN, Circuit Judge.
The issue before the court in this 28 U.S.C. § 2254 habeas case is whether the notice of appeal is premature. Because appellant filed a timely Fed.R.Civ.P. 59(e) motion to alter or amend judgment after filing a notice of appeal, the appeal is premature and we dismiss for lack of jurisdiction.
On December 29, 1992, the district court denied appellant's habeas petition. On January 5, 1993, appellant filed a notice of appeal. On...
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