(caption unavailable)

1Local 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that this opinion should not be published.
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
______________________
Nos. 92-4784 & 93-4048
Summary Calendar
______________________
RANDY L. DANIELS,
Plaintiff-Appellant,
versus
JOHN R. HARRISON, ET AL.,
Defendants-Appellees.
___________________________
Appeal from the United States District Court
for the Western District of Louisiana
USDC No. 92-CV-592
___________________________
April 22, 1993
Before JOHNSON, HIGGINBOTHAM, and DEMOSS, Circuit Judges.
PER CURIAM:1
In appeal No. 93-4048, Randy L. Daniels appeals from the
district court's findings on remand that he did not timely file
his notice of appeal from the district court's denial of his
motion for appointment of counsel. The district court's findings
may be upheld under either the "clearly erroneous" or "de novo"
standards of review. The prison mail log for the relevant time
period shows that Daniels did not mail his appeal timely, nor did

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he file an affidavit or other evidence to contradict the log
entries. Therefore, the court's finding that Daniels did not
file a timely notice of appeal is AFFIRMED.
In appeal No. 92-4784, Daniels appeals the dismissal of his
suit as frivolous pursuant to 28 U.S.C. § 1915(d). The district
court, however, recalled its order dismissing the suit and has
not entered final judgment on the merits. Therefore, the appeal
in No. 92-4784 is DISMISSED.

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